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I <br />1 <br />f <br />c. Withhold or suspend payment of all or an part of a request for payment; <br />d. Require that the Subrecipient refund to the ecipientany 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 action_, to include but not be limited to: <br />L request additional information fro the Subrecipient to determine the reasons-for <br />or the extent of non-compliance o lack of performance, <br />ii issue a written warning to advise" more serious measures may be taken if the <br />situation is not corrected; <br />iii. advise the Subrecipient to suspend, discontinue or refrain from incurring costs for <br />any activities in question, o.r <br />iv: require theSubeecipierit to reimbu se the Recipient for the amount of costs incurred <br />for any items determined to be ineligible, or <br />f. Exercise any other rights or remedie§ whi h may be available under law. Pursuing any of <br />the above remedies will not stop .the Rec pient from pursuing any `other remedies in this <br />Agreement or, provided at law. or in equity If the Recipient waives iany. right or remedy in <br />this Agreement or fails to insist on; stric performance by the Subrecipient; it will not <br />affect, extend or waive any other right` or re nedyofthe Recipient, or affect the later exercise <br />of the same right or remedy bythe lZecipi ntfor any other default by. the Subrecipient. <br />(16) TERMINATION j <br />a. The Recipient may terminate this Agreem ntfor cause after thirty .(30) days written notice. <br />Cause can' include misuse of funds, !fraud, lack.of compliance with applicable rules, laws <br />and regulations,failure to perform onetime and refusal by the Subrecipient_to permit public <br />access to any, document, paper, letter, or other material subject to disclosure under <br />Chapter 119, Florida Recipient of ErAerge cy Management Statutes, as amended. <br />b. The Recipient may terminate this Agreer�ent for convenience or when it determines, in <br />its sole discretion, that continuing the Agiement would not produce beneficial. ,results in <br />line with the further 'expenditure of fund `by providing the Subrecipient with thirty (30) <br />calendar days prior written notice. <br />c. The parties -may agree to terminate this Agreement for their mutual convenience through <br />a written amendment of this Agreement. T1 ie:amendment will state the effective date of the <br />termination and the procedures for proper closeout of this Agreement. <br />d. In the event this Agreement is terminated the Subrecipient will not incur new obligations <br />for the terminated portion of this Agreeent after they have received .the notification of <br />termination. The'Subrecipieni will cancel as many outstanding obligations as possible. <br />Costs incurred after receipt of the terrain tion notice will be disallowed. The Subrecipient <br />will not be relieved of liability to the !Rec exit because of any breach of this Agreement <br />by the Subrecipient. The Recipient may, to the extent"authorized by law, withhold payments <br />to the Subrecipient for the purposes of s t-off until the exact amount of damages due <br />the Recipient from the Subrecipient is det rmined. <br />(17) ATTACH EMENTS <br />a. All attachments to this Agreement areinc rporated as if set out fully. <br />b. In the event of any inconsistencies or, conflict between the languagelof this Agreement and <br />the attachments, the language of the; alta hments will control, but only to the extent of the <br />conflict or inconsistency. j <br />(18) PAYMENTS <br />a. The Recipient will make eligible reimpurs ments to Subrecipient up; to $80,280.00. <br />(19) REPAYMENTS <br />a. All refunds, return of improper payments,or repayments due to the Recipient under this <br />Agreement are to be made payable to t e order of "Indian River County," and mailed <br />directly to the following address: <br />1801127th Street <br />VeroBeac , Florida 32960 <br />