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(4) The Recipient has failed to perform and complete on time any of its <br /> obligations under this Agreement. <br /> 15. REMEDIES <br /> A. 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 /> (1) Terminate this Agreement, provided that the Recipient is given at least thirty <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 2 above; <br /> (2) Begin an appropriate legal or equitable action to enforce performance of this <br /> Agreement; <br /> (3) Withhold or suspend payment of all or any part of a request for payment; <br /> (4) Require that the Recipient refund to the Division any monies used for <br /> ineligible purposes under the laws, rules and regulations governing the use of these funds. <br /> (5) Exercise any corrective or remedial actions, to include but not be limited to: <br /> (a) Request additional information from the Recipient to determine the <br /> reasons for or the extent of non-compliance or lack of performance; <br /> (b) Issue a written warning to advise that more serious measures may <br /> be taken if the situation is not corrected; <br /> (c) Advise the Recipient to suspend, discontinue or refrain from incurring <br /> costs for any activities in question; <br /> (d) Require the Recipient to reimburse the Division for the amount of <br /> costs incurred for any items determined to be ineligible; or, <br /> (e) Exercise any other rights or remedies which may be available under <br /> law. <br /> B. 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. <br /> C. If the Division waives any right or remedy in this Agreement or fails to insist on strict <br /> performance by the Recipient, it will not affect, extend or waive any other right or remedy of the Division, <br /> or affect the later exercise of the same right or remedy by the Division for any other default by the <br /> Recipient. <br /> 16. TERMINATION. <br /> A. The Division may terminate this Agreement for cause after thirty days written notice. <br /> Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, <br /> 11 <br />