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2016-182
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Last modified
11/10/2016 11:20:27 AM
Creation date
11/10/2016 11:20:17 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/18/2016
Control Number
2016-182
Agenda Item Number
8.R.
Entity Name
Florida Division of Emergency Management
Subject
Federally-Funded Subaward Grant
Emergency Emergency Management Preparedness Assistance
Project Number
17-FG-P9-10-40-01-104
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b. If material adverse changes occur in the financial condition of the Sub-Recipient at <br /> any time during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change <br /> within thirty 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; or, <br /> d. If the Sub-Recipient has failed to perform and complete on time any of its obligations <br /> under this Agreement. <br /> (16)REMEDIES. <br /> If an Event of Default occurs, then the Division shall, after thirty calendar days written <br /> notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty days, exercise <br /> any one or more of the following remedies, either concurrently or consecutively: <br /> a. Terminate this Agreement, provided that the Sub-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 (3) 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 Sub-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 /> i. Request additional information from the Sub-Recipient to determine the <br /> reasons for or the extent of non-compliance or lack of performance, <br /> ii. Issue a written warning to advise that more serious measures may be taken <br /> if the situation is not corrected, <br /> iii. Advise the Sub-Recipient to suspend, discontinue or refrain from incurring <br /> costs for any activities in question or <br /> iv. Require the Sub-Recipient to reimburse the Division for the amount of costs <br /> incurred for any items determined to be ineligible; <br /> f. Exercise any other rights or remedies which may be available under law. <br /> 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 <br /> this Agreement or fails to insist on strict performance by the Sub-Recipient, it will not affect, extend or <br /> waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by <br /> the Division for any other default by the Sub-Recipient. <br /> 12 <br />
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