2011-198 - Laserfiche WebLink

Home Browse Search

( b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement , and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division . ( c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect , incomplete or insufficient information ; (d ) If the Recipient has failed to perform and complete on time any of its obligations under this Agreement . ( 11 ) REMEDIES . If an Event of Default occurs , then the Division may , after thirty calendar days written notice to the Recipient and upon the Recipient' s failure to cure within those thirty days , exercise any one or more of the following remedies , either concurrently or consecutively : ( a ) Terminate this Agreement , provided that the Recipient is given at least thirty days prior written notice of the termination . The notice shall be effective when placed in the United States , first class mail , postage prepaid , by registered or certified mail - return receipt requested , to the address in paragraph ( 13 ) herein ; ( b) Begin an appropriate legal or equitable action to enforce performance of this Agreement ; (c) Withhold or suspend payment of all or any part of a request for payment ; (d ) Require that the Recipient refund to the Division any monies used for ineligible purposes under the laws , rules and regulations governing the use of these funds . ( e) Exercise any corrective or remedial actions , to include but not be limited to : 1 , request additional information from the Recipient to determine the reasons for or the extent of non -compliance or lack of performance , 2 . issue a written warning to advise that more serious measures may be taken if the situation is not corrected , 3 . advise the Recipient to suspend , discontinue or refrain from incurring costs for any activities in question or 4 . require the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible ; (f) Exercise any other rights or remedies which may be available under law . ( g ) Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity . If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient , it will not affect , extend or waive any other right or remedy of the Division , or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient . ( 12 ) TERMINATION . ( a) The Division may terminate this Agreement for cause after thirty days written notice . Cause can include misuse of funds , fraud , lack of compliance with applicable rules , laws and regulations , failure to perform on time , and refusal by the Recipient to permit public access to any document , paper , letter , or other material subject to disclosure under Chapter 119 , Fla . Stat . , as amended . ( b) The Division may terminate this Agreement for convenience or when it determines , in its sole discretion , that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds , by providing the Recipient with thirty calendar days prior written notice . ( c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement . The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement . ( d ) In the event that this Agreement is terminated , the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination . The Recipient will cancel as many outstanding obligations as possible . Costs incurred after receipt of the termination notice will be disallowed . The Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Recipient . The Division may , to the extent authorized by law, withhold 5