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perform any of the obligations,terms or covenants in this Agieement or any ptrvMus rigrecrnent with the Department and has not cured them in timely fashion;or is uhible of unwilling to meet its obligations under this " Agreement; (b) If material Adverse charges nectar in tba firidtteial condition iif the Recgna>t at any traria during the - tam of this Agreement.and the Recipient fails to euro this adverse change withirf thirty days f m the date written " .- notice is sent by the Depsrtrncni (c) 1f any reports rogtiirod by thle Agreement have not been submittal to the Department of bsve bow submitted with incorrect,incomplete or ttwiftient infontirtion; ; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations mdw this Agreement. (11) REI&DIRc If an Event of Aefanit occurs,then the Deparanent may,upon thvty calendar days written notice to the ' Recipient and upon the Recipiettt's failure to cure within these"dogs,=facise any,one or more of the following remedies,either concurrently or consecutively: - (a) Tenninate this Agreement,provided that the Recipient is given at least ihirtyAays prior written `;'•, nutice of such termination. The notice shall be effective whco placed in the United States,first class inail,postage prepaid,by registered or eartilied rnail•retum receipt requested,to the additesd set forth i.n paragrai lh 03)hereon; (b) Begin an appropriate-legal or equitable action to enforce perfoniianee of this Agreement; (c) Withhold or sus a id payment.of all 6rany W'of a request for payment; (d). Require that the Recipient teftind to the baparhneri any monies used for ileligible ptirprrses trndei the laws,rules and regulatioris governing the use of these A=ids. (e) Exercise any corrective or remsdiel aetions,'to include but not be limited to: I request additioiul irrforraatioa turret the Rwipient to;dcteirnine the'reasons for or the extent of non-compliance-or lack of performance J i 2. issue a written warning to advise that'more serious measures maybe Ulten if the situation is S not corrected, 1 advise the Recipient to Awpead,diwAxitumm,or refrain from incur*costs for any activities in question,or 4. require the Recipient.to rcimbtgse.the Department for.the amount of costs incurred for any items deterinirted to be ineligible; ' (f) Exercise any odor•rights or remedies which may.be ottxt<vise available under Iaw, i• (g);Ali suing any of the abo5rremedies will not keep the DepaiFaient from pursuing any other .roniWies in this Agreement or provided arlaw,ot in equity.'Aitbe Dapartment waives any right or n medy in this•• Agreement or fails to insist on strict perfoiinance by tree,Rrcipieat,:i:will pot effect;extand or wnite'any other right or remody of the Departintht,oral.cct the later rxcicis6 of.the siine,right or remedy by the Dephgbneni for any t other default by-thc Recipient Rev 07n_1/2009, Jv 31 tet l!n15. - 'p'r�F'Tr.A F?�t:fd Cuhtl lr:•.Ci.;K x:olnl. !� ?, ,� - -