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'f <br /> If an Event of Default occurs, then the Division shall, 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 <br /> or 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 for <br /> 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 for <br /> any activities in question or <br /> 4. require the Recipient to reimburse the Division for the amount of costs incurred <br /> 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 other <br /> remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in <br /> this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive <br /> any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the <br /> 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 notice <br /> Cause can include misuse of funds,fraud, lack of compliance with applicable rules, laws and regulations, j <br /> failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, <br /> letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. <br /> (b) The Division may terminate this Agreement for convenience or when it determines, in <br /> its sole discretion, that continuing the Agreement would not produce beneficial results in line with the <br /> further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice. <br /> (c) The parties may agree to terminate this Agreement for their mutual convenience <br /> through a written amendment of this Agreement. The amendment will state the effective date of the <br /> 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 notification of ' <br /> termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after <br /> receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the <br /> Division because of any breach of Agreement by the Recipient. The Division may, to the extent <br /> authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of <br /> 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, either by <br /> hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at <br /> the address below, and this notification attached to the original of this Agreement. <br /> 5 <br /> 121 <br />