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(c) If any reports required by this Agreement have not been submitted to the Division or have <br /> 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 under this <br /> Agreement. <br /> (11) REMEDIES. <br /> If an Event of Default occurs,then the Division may,after thirty calendar days written notice to <br /> the Recipient and upon the Recipient's failure to cure within those thirty days,exercise any one or more of the <br /> following remedies,either concurrently or consecutively: <br /> (a) Terminate this Agreement,provided that the Recipient is given at least thirty days prior <br /> written notice of the termination. The notice shall be effective when placed in the United States,first class mail, <br /> postage prepaid,by registered or certified mail-return receipt requested,to the address in paragraph(13)herein; <br /> (b) Begin an appropriate legal or equitable action to enforce performance of this 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 purposes <br /> 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 or the <br /> extent of non-compliance or lack of performance, <br /> 2. Issue a written warning to advise that more serious measures may be taken if the <br /> situation is not corrected, <br /> 3. Advise the Recipient to suspend,discontinue or refrain from incurring costs for any <br /> activities in question or <br /> 4.Require the Recipient to reimburse the Division for the amount of costs incurred for <br /> 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 any other <br /> remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this <br /> Agreement or fails to insist on strict performance by the Recipient,it will not affect,extend or waive any other right <br /> or remedy of the Division,or affect the later exercise of the same right or remedy by the Division for any other <br /> default by the Recipient. <br /> (12) TERMINATION. <br /> (a) The Division may terminate this Agreement for cause after thirty days written notice. Cause <br /> can include misuse of funds,fraud, lack of compliance with applicable rules, laws and regulations, failure to perform <br /> on time,and refusal by the Recipient to permit public access to any document,paper, letter,or other material subject <br /> to disclosure under Chapter 119,Fla. Stat.,as amended. <br /> 6 <br /> 113 <br />