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2011-050
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If the necessary funds are not available to fund this Agreement as a result of action by the United <br /> States Congress , the federal Office of Management and Budgeting , the State Chief Financial Officer or <br /> under subparagraph ( 19 ) ( h ) of this Agreement, all obligations on the part of the Division to make any <br /> further payment of funds shall terminate , and the Recipient shall submit its closeout report within thirty <br /> days of receiving notice from the Division . <br /> ( 18 ) REPAYMENTS <br /> All refunds or repayments due to the Division under this Agreement are to be made payable to <br /> the order of " Department of Community Affairs " , and mailed directly to the following address : <br /> Department of Community Affairs <br /> Cashier <br /> Fiscal Management <br /> 2555 Shumard Oak Boulevard <br /> Tallahassee FL 32399-2100 <br /> In accordance with Section 215 . 34 ( 2 ) , Fla . Stat . , if a check or other draft is returned to the Division for <br /> collection , Recipient shall pay the Division a service fee of $ 15 . 00 or 5 % of the face amount of the <br /> returned check or draft , whichever is greater. <br /> ( 19 ) MANDATED CONDITIONS <br /> ( a ) The validity of this Agreement is subject to the truth and accuracy of all the <br /> information , representations , and materials submitted or provided by the Recipient in this Agreement , in <br /> any later submission or response to a Division request , or in any submission or response to fulfill the <br /> requirements of this Agreement. All of said information , representations , and materials is incorporated by <br /> reference . Additional special conditions are listed on Attachment B . The inaccuracy of the submissions <br /> or any material changes shall , at the option of the Division and with thirty days written notice to the <br /> Recipient , cause the termination of this Agreement and the release of the Division from all its obligations <br /> to the Recipient. <br /> ( b ) This Agreement shall be construed under the laws of the State of Florida , and venue <br /> for any actions arising out of this Agreement shall be in the Circuit Court of Leon County . If any provision <br /> of this Agreement is in conflict with any applicable statute or rule , or is unenforceable , then the provision <br /> shall be null and void to the extent of the conflict, and shall be severable , but shall not invalidate any other <br /> provision of this Agreement . <br /> ( c) Any power of approval or disapproval granted to the Division under the terms of this <br /> Agreement shall survive the term of this Agreement . <br /> ( d ) This Agreement may be executed in any number of counterparts , any one of which <br /> may be taken as an original . <br /> 10 <br />
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