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5. Performance Measures. The Grantee warrants that: (1) the services will be pet kind and quality described in the Grant Work Plar workmanlike manner in accordance with industry stand upon the intellectual property rights, or any other p subcontractors, and/or subgrantees shall comply with o by the Department, for work done at the Project Loc inspect at any time whether the services or qualificati Notwithstanding any provisions to the contrary, writte does not foreclose the Department's remedies in th measured at the time of delivery are not met. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be rec Manager before payment. The Grantee shall work remain outstanding, within a reasonable time at th not accept the deliverables within 30 days of recei b. Reiection of Deliverables. The Department reserN Work Plan, as incomplete, inadequate, or unaccep satisfactory performance under the terms of this A deliverables will be at the Grantee's sole expense. deliverables that are completed in accordance witl technical requirements or complete all tasks or act rejection of the deliverable and the associated invc unless the rejected deliverable is made acceptable requirements. The Department, at its option, may the objections noted by the Department. The Gran after a reasonable opportunity to do so may consti 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific Special Terms and Conditions, the State of Florid, Grantee has failed to perform/comply with provisi nonperformance shall not be considered penalties. b. Corrective Action Plan. If the Grantee fails to c specified timeframe, the Department may, in its s (CAP) be submitted by the Grantee to the Departn request for a CAP that specifies the outstanding performed in no more than sixty (60) calendar day i. The Grantee shall submit a CAP with the Department. The CAP shall be s (10) calendar days of receipt of a C� the CAP proposed has been accepter calendar days from receipt of the 1 proposed CAP. Failure to obtain the in the Department's termination of tl ii. Upon the Department's notice of ac calendar days to commence impleme by the Department does not relieve the event the CAP fails to correct or c shall retain the right to require additi for failure to perform. No actions al preclude the Department from subset shall continue to implement the CAP the CAP will be made to the Departr, iii. Failure to respond to a Department performance of the Agreement as s Agreement. Rev. 7/28/2017 armed by qualified personnel; (2) the services will be of the (3) the services will be performed in a professional and rds and practices; (4) the services shall not and do not infringe >prietary rights, of any third party; and (5) its employees, y security and safety requirements and processes, if provided tion(s). The Department reserves the right to investigate or is offered by the Grantee meet the Agreement requirements. acceptance of a particular deliverable/minimum requirement event those performance standards that cannot be readily ived and accepted in writing by the Department's Grant liligently to correct all deficiencies in the deliverable that Grantee's expense. If the Department's Grant Manager does t, they will be deemed rejected. ;s the right to reject deliverables, as outlined in the Grant ible due, in whole or in part, to the Grantee's lack of ;reement. The Grantee's efforts to correct the rejected Che Grantee shall only invoice the Department for the Grant Work Plan. Failure to fulfill the applicable vities in accordance with the Grant Work Plan will result in ce. Payment for the rejected deliverable will not be issued D the Department in accordance with the Agreement tllow additional time within which the Grantee may remedy -e's failure to make adequate or acceptable said deliverables ate an event of default. onsequences explained in the Grant Work Plan and/or (State) reserves the right to withhold payment when the ns of this Agreement. These consequences for ;ct all the deficiencies in a rejected deliverable within the discretion, request that a proposed Corrective Action Plan :. The Department shall provide the Grantee with a written ciencies. All CAPS must be able to be implemented and In ten (10) calendar days of the date of the written request from :nt to the Grant Manager for review and approval. Within ten P, the Department shall notify the Grantee in writing whether .. If the CAP is not accepted, the Grantee shall have ten (10) >epartment letter rejecting the proposal to submit a revised Department approval of a CAP as specified above shall result is Agreement for cause as authorized in this Agreement. ;eptance of a proposed CAP, the Grantee shall have ten (10) station of the accepted plan. Acceptance of the proposed CAP he Grantee of any of its obligations under the Agreement. In liminate performance deficiencies by Grantee, the Department anal or further remedial steps, or to terminate this Agreement proved by the Department or steps taken by the Grantee shall uently asserting any deficiencies in performance. The Grantee until all deficiencies are corrected. Reports on the progress of tent as requested by the Department Grant Manager. request for a CAP or failure to correct a deficiency in the )ecified by the Department may result in termination of the :hment 1 of 12