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2022-178
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2022-178
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10/17/2022 11:21:54 AM
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CERTIFICATION ON LAST PAGE <br />J R. SMITH, CLERK <br />Request additional information from the Sub -Recipient to determine the reasons <br />for 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 the <br />situation is not corrected; <br />Advise the Sub -Recipient to suspend, discontinue or refrain from incurring costs <br />for any activities in question or; <br />iv. Require the Sub -Recipient to reimburse the Division for costs incurred for any <br />items determined to be ineligible; <br />(f) 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 Sub -Recipient, it will not affect, extend or waive <br />any 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 Sub -Recipient. <br />(12) 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 Sub -Recipient to permit public access to any document, <br />paper, 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 <br />sole discretion, that continuing the Agreement would not produce beneficial results in line with the further <br />expenditure of funds, by providing the Sub -Recipient with thirty (30) 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. The amendment will state the effective date of the termination <br />and the procedures for proper closeout of the Agreement. <br />(d) In the event this Agreement is terminated, the Sub -Recipient will not incur new <br />obligations for the terminated portion of the Agreement after the Sub -Recipient has received the <br />notification of termination. <br />The Sub -Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of <br />the termination notice will be disallowed. The Sub -Recipient shall not be relieved of liability to the Division <br />because of any breach of Agreement by the Sub -Recipient. The Division may, to the extent authorized by <br />law, withhold payments to the Sub -Recipient for the purpose of set-off until the exact amount of damages <br />due the Division from the Sub -Recipient is determined. <br />
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