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2011-239A
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2011-239A
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right or remedy in this Agreement or fails to insist on strict performance by the Recipient , it will not <br /> affect, extend or waive any other right or remedy of the Division , or affect the later exercise of the <br /> same right or remedy by the Division for any other default by the Recipient. <br /> ( 12 ) TERMINATION . <br /> ( a ) The Division may terminate this Agreement for cause after thirty days written <br /> notice . Cause can include misuse of funds , fraud , lack of compliance with applicable rules , laws <br /> and regulations , failure to perform on time , and refusal by the Recipient to permit public access to <br /> any document , paper, letter , or other material subject to disclosure under Chapter 119 , Fla . Stat . , <br /> as amended . <br /> ( b ) The Division may terminate this Agreement for convenience or when it <br /> determines , in its sole discretion , that continuing the Agreement would not produce beneficial <br /> results in line with the further expenditure of funds , by providing the Recipient with thirty calendar <br /> days prior written notice . <br /> ( c ) The parties may agree to terminate this Agreement for their mutual <br /> convenience through a written amendment of this Agreement . The amendment will state the <br /> effective date of the termination and the procedures for proper closeout of the Agreement . <br /> ( d ) In the event that this Agreement is terminated , the Recipient will not incur new <br /> obligations for the terminated portion of the Agreement after the Recipient has received the <br /> notification of termination . The Recipient will cancel as many outstanding obligations as possible . <br /> Costs incurred after receipt of the termination notice will be disallowed . The Recipient shall not <br /> be relieved of liability to the Division because of any breach of Agreement by the Recipient . The <br /> Division may , to the extent authorized by law , withhold payments to the Recipient for the purpose <br /> of set-off until the exact amount of damages due the Division from the Recipient is determined . <br /> ( 13 ) NOTICE AND CONTACT . <br /> ( a ) All notices provided under or pursuant to this Agreement shall be in writing , <br /> either by hand delivery , or first class , certified mail , return receipt requested , to the representative <br /> named below , at the address below , and this notification attached to the original of this <br /> Agreement. <br /> ( b ) The name and address of the Division contract manager for this Agreement <br /> is : <br /> Nikki Hines <br /> 2555 Shumard Oak Boulevard <br /> Tallahassee , Florida 32399 -2100 <br /> Telephone : 850 -413 -9894 <br /> Email : nikki . hines@em , myflorida . com <br /> ( c) The name and address of the Representative of the Recipient responsible for <br /> the administration of this Agreement is : <br /> Page 7 of 50 <br />
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