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2018-101
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2018-101
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Last modified
12/30/2020 11:51:14 AM
Creation date
6/7/2018 1:56:48 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/05/2018
Control Number
2018-101
Agenda Item Number
8.D.
Entity Name
Florida Division Emergency Management
Subject
Subgrant Agreement, State Funded
Area
Disaster Events
Project Number
19-BG-XX
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herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued <br />by third parties in any matter arising out of any contract. <br />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 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 />Agreement; <br />(2) Begin an appropriate legal or equitable action to enforce performance of this <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 />10 <br />
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