Laserfiche WebLink
(a) If any warranty or representation made by the Recipient in this Agreement or any <br /> previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient <br /> fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous <br /> agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its <br /> obligations under this Agreement; <br /> (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 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 /> 6 <br />