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Contract 935822 <br />agreement of the parties. Paragraphs 1 I (a) and 1 1(b) shall survive the termination or expiration of <br />this Agreement. <br />12. TERMINATION. If Recipient materially fails to fulfill its obligations under this Agreement, <br />including any specific milestones established herein, the District may provide Recipient written notice <br />of the deficiency by forwarding a Notice to Cure, citing the specific nature of the breach. Recipient <br />shall have 30 days following receipt of the notice to cure the breach. If Recipient fails to cure the <br />breach within the 30 -day period, the District shall issue a Termination for Default Notice terminating <br />this Agreement without further notice. In such event, Recipient shall refund to the District all funds <br />provided to Recipient pursuant to this Agreement within 30 days of such termination. The District <br />may also terminate this Agreement upon ten days' written notice in the event of any material <br />misrepresentations in the Project Proposal. <br />Delay or failure by the District to enforce any right, remedy or deadline hereunder shall not impair, or <br />be deemed a waiver of, any such right, remedy or deadline, or impair the District's rights or remedies <br />for any subsequent breach or continued breach of this Agreement. <br />ADDITIONAL PROVISIONS (Alphabetical) <br />13. ASSIGNMENT. Recipient shall not assign this Agreement, or any monies due hereunder, without <br />the District's prior written consent. Recipient is solely responsible for fulfilling all work elements in <br />any contracts awarded by Recipient and payment of all monies due. No provision of this Agreement <br />shall create a contractual relationship between the District and any of Recipient's contractors or <br />subcontractors. <br />14. AUDIT; ACCESS TO RECORDS; REPAYMENT OF FUNDS <br />(a) Maintenance of Records. Recipient shall maintain its books and records such that receipt and <br />expenditure of the funds provided hereunder are shown separately from other expenditures in a <br />format that can be easily reviewed. Recipient shall keep the records of receipts and expenditures, <br />copies of all reports submitted to the District, and copies of all invoices and supporting <br />documentation for at least five years after expiration of this Agreement. In accordance with <br />generally accepted governmental auditing standards, the District shall have access to and the right <br />to examine any directly pertinent books and other records involving transactions related to this <br />Agreement. In the event of an audit, Recipient shall maintain all required records until the audit is <br />completed and all questions are resolved. Recipient will provide proper facilities for access to and <br />inspection of all required records. <br />(b) Repayment of Funds. District funding shall be subject to repayment after expiration of this <br />Agreement if, upon audit examination, the District finds any of the following: (1) Recipient has <br />spent funds for purposes other than as provided for herein, including but not limited to <br />construction materials not used in the Project; (2) Recipient has failed to perform a continuing <br />obligation of this Agreement; (3) Recipient has received duplicate funds from the District for the <br />same purpose; (4) Recipient has been advanced or paid unobligated funds; (5) Recipient has been <br />paid funds in excess of the amount Recipient is entitled to receive under the Agreement; and/or <br />(6) Recipient has received more than 100% contributions through cumulative public agency cost - <br />share funding. <br />15. CIVIL RIGHTS. Pursuant to chapter 760, Fla. Stat., Recipient shall not discriminate against any <br />employee or applicant for employment because of race, color, religion, sex, or national origin, age, <br />handicap, or marital status. <br />-6- <br />