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2017-134
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14. DEFAULT <br /> A. If any of the following events occur("Events of Default"), all obligations on the part of <br /> the Division to make further payment of funds shall, if the Division elects,terminate and the Division has <br /> the option to exercise any of its remedies set forth in paragraph 15. <br /> B. If any of the following occur, then the Division may make payments or partial <br /> payments without waiving the right to exercise such remedies, and without becoming liable to make any <br /> further payment: <br /> (1) Any warranty or representation made by the Recipient in this Agreement or <br /> any previous agreement with the Division is or becomes false or misleading in any respect, or if the <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 g cured them in timely fashion, or is unable or unwilling to <br /> meet its obligations under this Agreement; <br /> (2) Material adverse changes occur in the financial condition of the Recipient at <br /> any time during the term of this Agreement, and the Recipient fails to cure this adverse change within <br /> thirty days from the date written notice is sent by the Division. <br /> (3) Any reports required by this Agreement have not been submitted to the <br /> Division or have been submitted with incorrect, incomplete or insufficient information; <br /> (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 /> 10 <br />
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