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2016-003
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2016-003
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construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in <br /> any matter arising out of any contract. <br /> (15)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 terminate and the Division has the option to exercise any <br /> of its remedies set forth in Paragraph (16), however, the Division may make payments or partial payments <br /> 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 Sub-Recipient in this Agreement or <br /> any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub- - <br /> Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any <br /> previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to <br /> meet its obligations under this Agreement; <br /> b If material adverse changes occur in the financial condition of the Sub-Recipient at <br /> any time during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change <br /> within thirty 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, or, <br /> d If the Sub-Recipient has failed to perform and complete on time any of its obligations <br /> under this Agreement. <br /> (16)REMEDIES <br /> If an Event of Default occurs, then the Division shall, after thirty calendar days written <br /> notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty days, exercise <br /> any one or more of the following remedies, either concurrently or consecutively- <br /> a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty(30) <br /> days prior written notice of the termination The notice shall be effective when placed in the United <br /> States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the <br /> address in paragraph (3) 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 Sub-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 /> i request additional information from the Sub-Recipient to determine the <br /> reasons for or the extent of non-compliance or lack of performance, <br /> 11 <br />
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