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2017-108
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2017-108
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Last modified
10/13/2017 1:17:16 PM
Creation date
8/18/2017 9:48:22 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/15/2017
Control Number
2017-108
Agenda Item Number
8.M.
Entity Name
State of Florida Division of Emergency Management
Subject
Hazards Analysis
Hazardous Materials
Area
Emergency Services Division
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(15) REMEDIES <br /> If an Evenof Default occurs, then the Division shall, after thirty (30) calendar days written notice <br /> to the Recipient and upon the Recipient's failure to cure within those thirty (30) days, exercise any one or <br /> more of the following remedies, either concurrently or consecutively: <br /> a. Terminate this Agreement, provided that the Recipient is given at least thirty(30) days prior <br /> written notice of the termination. The notice shall be effective when placed in the United States, first class <br /> mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in paragraph <br /> (2) CONTACT 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 /> i. request additional information from the Recipient to determine the reasons for <br /> 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 if <br /> the situation is not corrected, <br /> iii advise the Recipient to suspend, discontinue or refrain from incurring costs <br /> for any activities in question or <br /> iv. require the 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 remedies <br /> 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 Raoipiant, it will not affec . extend or waive any <br /> 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 /> (16) TERMINATION. <br /> a. The Division may terminate this Agreement for cause after thirty (30) days written notice. <br /> Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, <br /> failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, <br /> |etter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. <br /> b. The Division may terminate this Agreement for convenience or when it determines, in its sole <br /> discretion, that continuing the Agreement would not produce beneficial results in line with the further <br /> expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. <br /> 8 <br />
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