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A TRUE COPY <br />CERTIFICATION ON LAST PAU& <br />J.R. SMITH, CLERK <br />consecutively, and the pursuit of any one of the following remedies shall not preclude FCT from <br />pursuing any other remedies contained herein or otherwise provided at law or in equity: <br />a. Terminate this Agreement, provided the Recipient is given at least thirty <br />(30) days prior written notice of such termination. The notice shall be <br />effective upon the date of the letter. Notification shall be given pursuant to <br />Section V.; or <br />b. Commence an appropriate legal or equitable action to enforce performance <br />of this Agreement; or <br />Withhold or suspend payment of all or any part of the FCT Award; or <br />d. Exercise any corrective or remedial actions, including, but not limited to, <br />requesting additional information from the Recipient to determine the <br />reasons for or the extent of non-compliance or lack of performance or <br />issuing a written warning to advise that more serious measures may be taken <br />if the situation is not corrected; or <br />Exercise any other rights or remedies which may be otherwise available <br />under law, including, but not limited to, those described in paragraph IX.3. <br />3. FCT may terminate this Agreement for cause upon written notice to the Recipient. <br />Cause shall include, but is not limited to: Events of Default; fraud; lack of compliance with <br />applicable rules, laws and regulations; failure to perform in a timely manner; failure to make <br />significant progress toward Project Plan and Management Plan approval; and refusal by the <br />Recipient to permit public access to any document, paper, letter, or other material subject to <br />disclosure under Chapter 119, F.S., as amended. Appraisals, and any other reports relating to <br />value, offers and counteroffers are not available for public disclosure or inspection and are exempt <br />from the provisions of Section 119.07(1), F.S. until a Purchase Agreement is executed by the <br />Owner(s) and Recipient and conditionally accepted by FCT, or if no Purchase Agreement is <br />executed, then as provided for in Sections 125.355(1)(a) and 166.045(1)(a), F.S. <br />4. FCT may terminate this Agreement when it determines, in its sole discretion, that <br />the continuation of the Agreement would not produce beneficial results commensurate with the <br />further expenditure of funds by providing the Recipient with thirty (30) calendar days prior written <br />notice. <br />5. The Recipient may request termination of this Agreement before its Expiration Date <br />by a written request fully describing the circumstances that compel the Recipient to terminate the <br />Project. A request for termination shall be provided to FCT in a manner described in paragraph <br />V.1. <br />DEP Agreement No. S0958, Page 19 of 24 <br />FCT Project No. 11-050-FFI l <br />Pre -Acquired Project Site <br />