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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of <br />any contract. <br />(10) DEFAULT <br />If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make <br />further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise <br />any of its remedies set forth in Paragraph (11) REMEDIES; however, the Division may make payments or <br />partial payments after any Events of Default without waiving the right to exercise such remedies, and <br />without becoming liable to make any further payment: <br />(a) If any warranty or representation made by the Recipient in this Agreement or any <br />previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient <br />fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous <br />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 />0 <br />