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after any Events of Default without waiving the right to exercise such remedies, and without becoming <br />liable to make any further payment if: <br />A. Any warranty or representation made by the Sub -Recipient in this Agreement or any <br />previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub - <br />Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any <br />previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to <br />meet its obligations under this Agreement; <br />B. Material adverse changes occur in the financial condition of the Sub -Recipient at any <br />time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within <br />thirty days from the date written notice is sent by the Division; <br />C. 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. The Sub -Recipient has failed to perform and complete on time any of its obligations <br />under this Agreement. <br />18. 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 (6) 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 />(1) Request additional information from the Sub -Recipient to determine the <br />reasons for or the extent of non-compliance or lack of performance, <br />(2) Issue a written warning to advise that more serious measures may be taken <br />if the situation is not corrected, <br />(3) Advise the Sub -Recipient to suspend, discontinue or refrain from incurring <br />costs for any activities in question or <br />(4) Require the Sub -Recipient to reimburse the Division for the amount of costs <br />incurred for any items determined to be ineligible; <br />16 <br />