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B . The DEPARTMENT may terminate this Agreement without cause and for its convenience <br /> by giving thirty (30) days written notice to the LOCAL SPONSOR. Notice shall be <br /> sufficient if delivered personally or by certified mail to the address set forth in <br /> this <br /> Agreement. <br /> 21 . No payment will be made for deliverables deemed unsatisfactory by the DEPARTMENT. In the <br /> event that a deliverable is deemed unsatisfactory by the DEPARTMENT, the LOCAL SPONSOR <br /> shall re-perform the services needed for submittal of a satisfactory deliverable, at no additional cost <br /> to the DEPARTMENT, within ten ( 10) days of being notified of the unsatisfactory deliverable. If a <br /> satisfactory deliverable is not submitted within the specified timeframe, the DEPARTMENT may, in <br /> its sole discretion, either: 1 ) terminate this Agreement for failure to perform, or 2) the <br /> DEPARTMENT Grant Manager may , by letter specifying the failure of performance under this <br /> Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the LOCAL <br /> SPONSOR to the DEPARTMENT. All CAPS must be able to be implemented and performed in no <br /> more than sixty (60) days . <br /> A. A CAP shall be submitted within ten ( 10) calendar days of the date of the letter request from <br /> the DEPARTMENT. The CAP shall be sent to the Department Grant Manager for review <br /> and approval . Within ten ( 10) calendar days of receipt of a CAP, the DEPARTMENT shall <br /> notify the LOCAL SPONSOR in writing whether the CAP proposed has been accepted. If <br /> the CAP is not accepted, the LOCAL SPONSOR shall have ten ( 10) calendar days from <br /> receipt of the DEPARTMENT letter rejecting the proposal to submit a revised proposed <br /> CAP. Failure to obtain the DEPARTMENT approval of a CAP as specified above shall <br /> result in the DEPARTMENT' S termination of this Agreement for cause as authorized in this <br /> Agreement. <br /> B . Upon the DEPARTMENT ' S notice of acceptance of a proposed CAP, the LOCAL <br /> SPONSOR shall have ten ( 10) calendar days to commence implementation of the accepted <br /> plan . Acceptance of the proposed CAP by the DEPARTMENT does not relieve the LOCAL <br /> SPONSOR of any of its obligations under the Agreement. In the event the CAP fails to <br /> correct or eliminate performance deficiencies by LOCAL SPONSOR, the DEPARTMENT <br /> shall retain the right to require additional or further remedial steps, or to terminate this <br /> Agreement for failure to perform. No actions approved by the DEPARTMENT or steps <br /> taken by the LOCAL SPONSOR shall preclude the DEPARTMENT from subsequently <br /> asserting any deficiencies in performance . The LOCAL SPONSOR shall continue to <br /> implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP <br /> will be made to the DEPARTMENT as requested by the Department Grant Manager. <br /> C . Failure to respond to the DEPARTMENT ' s request for a CAP or failure to correct <br /> a <br /> deficiency in the performance of the LOCAL SPONSOR as specified by the <br /> DEPARTMENT may result in termination of this Agreement. <br /> The remedies set forth above are not exclusive and the DEPARTMENT reserves the right to exercise <br /> other remedies in addition to or in lieu of those set forth above, as permitted by this Agreement. <br /> 22 . Any notices between the parties shall be considered delivered when posted by Certified Mail, <br /> return receipt requested, or overnight courier service, or delivered in person to the contact person <br /> at the addresses below. <br /> DEP Agreement No . 141R2 Page 6 of 12 <br />