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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />If the Recipient has failed to perform and complete on time any of its obligations under this <br />Agreement. <br />(15) REMEDIES <br />If an Event of Default occurs, then the Division shall, after thirty (30) days written notice to the <br />Recipient and upon the Recipient's failure to cure within those thirty (30) days, exercise any one or more <br />of the following remedies, either concurrently or consecutively: <br />a. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior <br />written notice of the termination. The notice shall be effective when placed in the United States, first class <br />mail, postage prepaid, by Registered MaiITM or Certified Mail®, Return Receipt Requested, to the address <br />in Paragraph (2) CONTACT herein. <br />b. Begin an appropriate legal or equitable action to enforce performance of this Agreement. <br />c. Withhold or suspend payment of all or any part of a request for payment. <br />d. Require that the Recipient refund to the Division any 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 actions, to include but not be limited to: <br />i. request additional information from the Recipient to determine the reasons for <br />or the extent of non-compliance or lack of performance, <br />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 />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) days prior written notice. <br />