Laserfiche WebLink
agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to me t its <br />obligations under this Agreement; <br />(b) If material adverse changes occur in the financial condition of the Recipient ata y <br />time during the term of this Agreement, and the Recipient fails to cure this adverse change within thi y <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 ds <br />prior written notice of the termination. The notice shall be effective when placed in the United State , first <br />class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address it <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 />..r (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 reaso <br />or the extent of non-compliance or lack of performance, <br />for <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 c sts 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 an 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 />6 <br />140 <br />