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2013-023
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2013-023
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Last modified
10/27/2015 11:58:35 AM
Creation date
10/1/2015 5:12:10 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/05/2013
Control Number
2013-023
Agenda Item Number
8.M.2
Entity Name
Florida Division of Emergency Management
Subject
Emergency Response Team Subgrant
Homeland Security Grant
Supplemental fields
SmeadsoftID
11800
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Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or <br /> subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. <br /> ( 10) DEFAULT. <br /> If any of the following events occur (" Events of Default"), all obligations on the part of the. <br /> Division to make further payment of funds shall, if the Division elects, terminate and the Division has the option <br /> to exercise any of its remedies set forth in Paragraph ( 11 ) . However, the Division may make payments or partial <br /> payments after any Events of Default without waiving the right to exercise such remedies, and without becoming <br /> liable to make any further payment : <br /> (a) If any warranty or representation made by the Recipient in this Agreement or any previous <br /> agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or <br /> perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division <br /> and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; <br /> (b) If material adverse changes occur in the financial condition of the Recipient at any time <br /> during the term of this Agreement and the Recipient fails to cure this adverse change within thirty days from the <br /> date written notice is sent by the Division. <br /> (c) If any reports required by this Agreement have not been submitted to the Division or have <br /> been submitted with incorrect, incomplete or insufficient information ; <br /> (d) If the Recipient has failed to perform and complete on time any of its obligations under this <br /> Agreement. <br /> ( 11 ) REMEDIES . <br /> If an Event of Default occurs, then the Division may, after thirty calendar days written notice to <br /> the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the <br /> following remedies, either concurrently or consecutively : <br /> (a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior <br /> written notice of the termination. The notice shall be effective when placed in the United States, first class mail, <br /> postage prepaid, by registered or certified mail-return receipt requested, to the address in paragraph ( 13 ) herein; <br /> (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; <br /> (c) Withhold or suspend payment of all or any part of a request for payment; <br /> (d) Require that the Recipient refund to the Division any monies used for ineligible purposes <br /> under the laws, rules and regulations governing the use of these funds. <br /> (e) Exercise any corrective or remedial actions, to include but not be limited to : <br /> 1 . Request additional information from the Recipient to determine the reasons for or the <br /> extent of non-compliance or lack of performance, <br /> Page 6 of 56 <br />
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