2020-113A - Laserfiche WebLink

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partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) If material adverse changes occur in the financial condition of the Recipient at any time during the period of agreement, and the Recipient fails to cure this adverse change within thirty (30)days from the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete, or insufficient information; (d) If the Recipient has failed to perform and complete on time any of its obligations under this Agreement. (11) REMEDIES If an Event of Default occurs, then the Division shall, after thirty(30)calendar days, provide written notice to the Recipient and upon the Recipient's failure to cure within those thirty(30)days, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30)days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-return receipt requested,to the address in Paragraph (3) herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds; (e) Exercise any corrective or remedial actions, to include but not be limited to: Request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance; ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected; 6