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(b) If material adverse changes occur in the financial condition of the Recipient at any <br /> time during the term of this Agreement and the Recipient fails to cure this adverse change within thirty <br /> days from the 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 <br /> have 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 <br /> under this Agreement . <br /> ( 11 ) REMEDIES . <br /> If an Event of Default occurs, then the Division may, after thirty calendar days written <br /> notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or <br /> more of the following remedies, either concurrently or consecutively: <br /> (a) Terminate this Agreement, provided that the Recipient is given at least thirty days <br /> prior written notice of the termination. The notice shall be effective when placed in the United States, first <br /> class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in <br /> paragraph ( 13) herein; <br /> (b) Begin an appropriate legal or equitable action to enforce performance of this <br /> 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 <br /> purposes 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 <br /> for or the extent of non-compliance or lack of performance, <br /> 2 . Issue a written warning to advise that more serious measures may be taken if <br /> the situation is not corrected, <br /> 3 . Advise the Recipient to suspend, discontinue or refrain from incurring costs <br /> for any activities in question or <br /> 4 . Require the Recipient to reimburse the Division for the amount of costs <br /> incurred for any items determined to be ineligible; <br /> (f) Exercise any other rights or remedies which may be available under law. <br /> (g) Pursuing any of the above remedies will not stop the Division from pursuing any <br /> other remedies in this Agreement or provided at law or in equity. If the Division waives any right or <br /> remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend <br /> or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy <br /> by the Division for any other default by the Recipient. <br /> ( 12) TERMINATION. <br /> Page 6 of 48 <br />