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ii. issue a written warning to advise that more serious measures may be taken if <br />the situation is not corrected, <br />iii. advise the Recipient to suspend, discontinue or refrain from incurring costs <br />for any activities in question, or <br />iv. require the Recipient to reimburse the Division for the amount of costs <br />incurred for any items determined to be ineligible; <br />f. Exercise any other rights or remedies which may be available under law. <br />Pursuing any of the above remedies will not stop the Division from pursuing any other remedies <br />in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this <br />Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend, or waive any <br />other right or remedy of the Division, or affect the later exercise of the same right or remedy by the <br />Division for any other default by the Recipient. <br />(16) TERMINATION <br />a. The Division may terminate this Agreement for cause after thirty (30) days written notice. <br />Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, <br />failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, <br />letter, or other material subject to disclosure under Chapter 119, Florida Statutes., as amended. <br />b. The Division may terminate this Agreement for convenience or when it determines, in its sole <br />discretion, that continuing the Agreement would not produce beneficial results in line with the further <br />expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. <br />c. The parties may agree to terminate this Agreement for their mutual convenience through a <br />written amendment of this Agreement. The amendment will state the effective date of the termination and <br />the procedures for proper closeout of this Agreement. <br />d. In the event this Agreement is terminated, the Recipient will not incur new obligations for the <br />terminated portion of this Agreement after the Recipient has received the notification of termination. The <br />Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the <br />termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division <br />because of any breach of this Agreement by the Recipient. The Division may, to the extent authorized by <br />law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due <br />the Division from the Recipient is determined. <br />(17) SUBCONTRACTS <br />If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned <br />subcontract must be forwarded to the Division for review and approval before it is executed by the <br />Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the <br />terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and <br />regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of <br />9 <br />