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2019-106
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2019-106
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Last modified
12/27/2019 1:42:24 PM
Creation date
7/23/2019 12:03:50 PM
Metadata
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Template:
Official Documents
Official Document Type
Grant
Approved Date
07/16/2019
Control Number
2019-106
Agenda Item Number
8.D.
Entity Name
Florida Department of Emergency Management
Subject
Emergency Management Preparedness Assistance Grant
Area
Agreement Number A004
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be construed as consent by a state agency or subdivision of the State of Florida to be sued by third <br />parties in any matter arising out of this agreement. <br />(14) DEFAULT <br />If any of the following events occur ("Events of Default"), all obligations on the part of the Division <br />to make further payment of funds shall, if the Division elects, terminate and the Division has the option to <br />exercise any of its remedies set forth in Paragraph (15) REMEDIES. However, the Division may make <br />payments or partial payments after any Events of Default without waiving the right to exercise such <br />remedies, and without becoming liable to make any further payment: <br />a. If any warranty or representation made by the Recipient in this Agreement or any previous <br />agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to <br />keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement <br />with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations <br />under this Agreement; <br />b. If material adverse changes occur in the financial condition of the Recipient at any time <br />during the period of agreement, and the Recipient fails to cure this adverse change within thirty (30) days <br />from the date written notice is sent by the Division. <br />c. If any reports required by this Agreement have not been submitted to the Division or have <br />been submitted with incorrect, incomplete or insufficient information; <br />d. If the Recipient has failed to perform and complete on time any of its obligations under this <br />Agreement. <br />(15) REMEDIES <br />If an Event of Default occurs, then the Division shall, after thirty (30) calendar days written notice <br />to the Recipient and upon the Recipient's failure to cure within those thirty (30) days, exercise any one or <br />more of the following remedies, either concurrently or consecutively: <br />a. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior <br />written notice of the termination. The notice shall be effective when placed in the United States, first class <br />mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph <br />(2) CONTACT herein; <br />b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; <br />c. Withhold or suspend payment of all or any part of a request for payment; <br />d. Require that the Recipient refund to the Division any monies used for ineligible purposes <br />under the laws, rules and regulations governing the use of these funds; <br />e. Exercise any corrective or remedial actions, to include but not be limited to: <br />i. request additional information from the Recipient to determine the reasons for <br />or the extent of non-compliance or lack of performance, <br />8 <br />
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