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deems this reasonable under the circumstances. Grant funds previously advanced and not expended on
<br />work completed in accordance with this Agreement shall be returned to the Division, with interest, within
<br />thirty (30) days after termination of this Agreement. The Division does not waive any of its rights to
<br />additional damages, if grant funds are returned under this Section.
<br />b) Termination for convenience. The Division or the Grantee may terminate the grant in whole or in part
<br />when both parties agree that the continuation of the Project would not produce beneficial results
<br />commensurate with the further expenditure of funds. The two parties will agree upon the termination
<br />conditions, including the effective date, and in the case of partial terminations, the portion to be
<br />terminated.
<br />c) Termination by Grantee. The Grantee may unilaterally cancel the grant at any time prior to the first
<br />payment on the grant although the Department must be notified in writing prior to cancellation. After the
<br />initial payment, the Project may be terminated, modified, or amended by the Grantee only by mutual
<br />agreement of the Grantee and the Division. Request for termination prior to completion must fully detail
<br />the reasons for the action and the proposed disposition of the uncompleted work.
<br />34. Preservation of Remedies. No delay or omission to exercise any right, power, or remedy accruing to either
<br />party upon breach or violation by either party under this Agreement, shall impair any such right, power or
<br />remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or
<br />default, or any similar breach or default.
<br />35. Non -Assignment of Agreement The Grantee may not assign, sublicense nor otherwise transfer its rights,
<br />duties or obligations under this Agreement without the prior written consent of the Division, which consent shall
<br />not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of
<br />the Project. If the Division approves a transfer of the Grantee's obligations, the Grantee shall remain liable for
<br />all work performed and all expenses incurred in connection with this Agreement. In the event the Legislature
<br />transfers the rights, duties, and obligations of the Division to another governmental entity pursuant to Section
<br />20.06, Florida Statutes, or otherwise, the rights, duties, and obligations under this Agreement shall be
<br />transferred to the successor governmental agency as if it was the original party to this Agreement.
<br />36. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide
<br />maximum open competition when procuring goods and services related to the grant -assisted project in
<br />accordance with Section 287.057, Florida Statutes.
<br />37. Conflicts of Interest The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest
<br />described in Sections 112.311 through 112.326, Florida Statutes, and affirms that it will not enter into or
<br />maintain a business or other relationship with any employee of the Department of State that would violate those
<br />provisions. In addition, no Grantee official, employee, or consultant who is authorized in his or her official
<br />capacity to negotiate, make, accept, approve, or take part in decisions regarding a contract, subcontract, or
<br />other agreement in connection with a grant assisted project shall take part in any decision relating to such
<br />contract, subcontract or other agreement in which he or she has any financial or other interest, or in which his
<br />or her spouse, child, parent, or partner, or any organization in which he or she is serving as an officer, director,
<br />trustee, partner, or employee of which he or she has or is negotiating any arrangement concerning employment
<br />has such interest. Grantees shall avoid circumstances presenting the appearance of such conflict. Furthermore,
<br />the spouse, child, parent, or partner of an officer, director, trustee, partner, or employee of the grantee shall not
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<br />0 -ant Award Agreemii (Form GAA001), Effective 04/2020
<br />Rule IA -39.001, Florida Administrative Code
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