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A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK httt)s:HWps.fldfs.com/fsaa The Recipient should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. XIII. DEFAULT; REMEDIES; TERNUNATION 1. If the necessary funds are not available to fund this Agreement as a result of action by the Florida Legislature or the Office of the State Chief Financial Officer, or if any of the events below occur ("Events of Default"), all obligations on the part of FCT to make any further payment of funds hereunder shall, if FCT so elects, terminate and FCT may, at its option, exercise any of its remedies set forth herein, but FCT may make any payments or parts of payments after the happening of any Events of Default without thereby waving the right to exercise such remedies, and without becoming liable to make any further payment. The following constitute Events of Default: a. If any warranty or representation made by the Recipient in this Agreement, any previous agreement with FCT or in any document provided to FCT shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with FCT and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; or b. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with FCT, and the Recipient fails to cure said material adverse change within thirty (30) days from the date written notice is sent to the Recipient by FCT; or C. If any reports or documents required by this Agreement have not been timely submitted to FCT or have been submitted with incorrect, incomplete or insufficient information; or d. If the Recipient fails to perform and complete in timely fashion any of its obligations under this Agreement; or e. If the Recipient fails to comply with Project deadlines in a timely fashion set forth in the approved Management Plan; or f. If the Recipient fails to keep access of the Project Site open to the public. 2. Upon the happening of an Event of Default, FCT may, at its option, upon thirty (30) calendar days from the date written notice is sent to the Recipient by FCT and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or DEP Agreement No. S0958, Page 18 of 24 FCT Project No. 11-050-FFI l Pre -Acquired Project Site