Laserfiche WebLink
agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its <br />obligations under this Agreement; <br />(b) If material adverse changes occur in the financial condition of the Recipient at any time <br />during the period of agreement, and the Recipient fails to cure this adverse change within thirty (30) days <br />from the date written notice is sent by the Division. <br />(c) If any reports required by this Agreement have not been submitted to the Division or have <br />been submitted with incorrect, incomplete, or insufficient information; <br />(d) If the Recipient has failed to perform and complete on time any of its obligations under <br />this Agreement. <br />(11) REMEDIES <br />If an Event of Default occurs, then the Division shall, after thirty (30) calendar days, provide written notice <br />to the Recipient and upon the Recipient 's failure to cure within those thirty (30) days, exercise any one or <br />more of the following remedies, either concurrently or consecutively: <br />(a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days <br />prior written notice of the termination. The notice shall be effective when placed in the United States, first <br />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 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 />i. Request additional information from the Recipient to determine <br />the reasons for or the extent of non-compliance or lack of performance; <br />ii. Issue a written warning to advise that more serious measures <br />may be taken if the situation is not corrected; <br />iii. Advise the Recipient to suspend, discontinue or refrain from <br />incurring costs for any activities in question or; <br />iv. Require the Recipient to reimburse the Division for costs <br />incurred for any items determined to be ineligible; <br />224 <br />