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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />(10) DEFAULT <br />If any of the following events occur ("Events of Default"), all obligations on the part of the Division <br />to make further payment of funds shall terminate and the Division has the option to exercise any of its <br />remedies set forth in Paragraph (11) REMEDIES; however, the Division may make payments or partial <br />payments after any Events of Default without waiving the right to exercise such remedies, and without <br />becoming liable to make any further payment if: <br />(a) Any warranty or representation made by the Sub -Recipient in this Agreement or any <br />previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub - <br />Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any <br />previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to <br />meet its obligations under this Agreement; <br />(b) Material adverse changes occur in the financial condition of the Sub -Recipient at any <br />time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within <br />thirty (30) days from the date written notice is sent by the Division; <br />(c) Any reports required by this Agreement have not been submitted to the Division or have <br />been submitted with incorrect, incomplete, or insufficient information; or, <br />(d) The Sub -Recipient has failed to perform and complete on time any of its obligations <br />under this Agreement. <br />(11) REMEDIES <br />If an Event of Default occurs, then the Division shall, after thirty (30) calendar days written notice <br />to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty (30) days, exercise <br />any one or more of the following remedies, either concurrently or consecutively.- <br />(a) <br />onsecutively: <br />(a) Terminate this Agreement, provided that the Sub -Recipient is given at least thirty (30) <br />days prior written notice of the termination. The notice shall be effective when placed in the United States, <br />first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in <br />paragraph (3) 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 Sub -Recipient refund to the Division any monies used for ineligible <br />purposes 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 />5 <br />