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(d) Require that the Recipient refund to DEO any monies used for ineligible purposes under this Agreement
<br /> and/or 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 extent of non-
<br /> compliance or lack of performance,
<br /> 2. Issue a written warning to advise that more serious measures may be taken if the situation is not f
<br /> corrected,
<br /> 3 Advise the Recipient to suspend, discontinue, or refrain from incurring costs for any activities in
<br /> question,or .i
<br /> 4. Require the Recipient to reimburse DEO for the amount of costs incurred for any items determined to I
<br /> be ineligible;
<br /> (f) Exercise any other rights or remedies which may be otherwise available under law,including, but not limited
<br /> to any applicable remedies within rule 73C-23.0051(6)(d) and (e), F.A.C., 24 C.F.R. part 570, and 2 C.F.R. part 200
<br /> (g) Pursuing any of the above remedies does not preclude DEO from pursuing any other remedies in this
<br /> Agreement or provided at law or in equity. If DEO waives any right or remedy in this Agreement or fails to insist on
<br /> strict performance by the Recipient,it will not affect, extend or waive any other right or remedy of DEO,or affect the
<br /> later exercise of the same right or remedy by DEO for any other default by the Recipient.
<br /> (12) Dispute Resolution
<br /> Disputes concerning the performance of the Agreement shall be decided by DEC),who shall reduce the decision to
<br /> writing and serve a copy on the Recipient. The decision shall be final and conclusive unless within twenty-one (21) days
<br /> from the date of receipt, the Recipient files with DEO a petition for administrative hearing. DSO's decision on the
<br /> petition shall be final, subject to the Recipient's right to review pursuant to chapter 120, F.S. Exhaustion of administrative
<br /> remedies is an absolute condition precedent to the Recipient's ability to pursue any other form of dispute resolution,
<br /> provided however, that the Parties may employ the alternative dispute resolution procedures outlined in chapter 120,F.S.
<br /> (13) Termination
<br /> (a) DEO may suspend or terminate this Agreement for cause with no less than twenty-four(24) hour written
<br /> notice,including the effective date, to the Recipient. Cause can include, but is not limited to the Recipient's:
<br /> improper or ineffective use of funds provided under this Agreement; fraud,lack of compliance with any applicable
<br /> rules,regulations,statutes, executive orders, HUD guidehnes,policies or directives, or laws; failure, for any reason, to
<br /> I
<br /> timely and/or properly perform any of the Recipient's obligations under this Agreement;submission of reports that
<br /> are incorrect or incomplete in any material respect; and refusal to permit public access to any document,paper,letter,
<br /> or other material subject to disclosure under law,including chapter 119, F.S., as amended.The Recipient shall not be
<br /> entitled to recover any cancellation charges or lost profits.
<br /> (b) DEO may terminate this Agreement,in whole or in part, for convenience by providing the Recipient no less
<br /> than twenty-four(24) hour written notice setting forth the reasons for such termination, the effective date,and,in the
<br /> case of partial termination, the portion to be terminated. However,if in the case of partial termination,DEO
<br /> determines that the remaining portion of the award will not accomplish the purpose for which the award was made,
<br /> DEO may ternunate the award in its entirety The Recipient shall continue to perform any work not terminated. The
<br /> Recipient shall not be entitled to recover any cancellation charges or lost profits.
<br /> Rev. 09/03/2015 6
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