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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />FWC Agreement No. 24086 <br />determine if the Recipient's deficiencies are legally excusable, or to extend the time to cure the <br />deficiencies in writing. The Recipient's damages for termination for cause shall be limited to the <br />cost of work actually performed and approved by the Commission. Section 287.135 1, F.S., <br />governs the procedure and consequences for default. The rights and remedies of the Commission <br />in this clause are in addition to any other rights and remedies provided by law or under the <br />Agreement. Recipient shall not be entitled to recover any cancellation charges. <br />E. Recipient Discontinuation of Activities upon Termination Notice. <br />Upon receipt of notice of termination, the Recipient shall, unless the notice directs otherwise, <br />immediately discontinue all activities authorized hereunder. Upon termination of this Agreement, <br />the Recipient shall promptly render to the Commission all property belonging to the Commission. <br />For the purposes of this section, property belonging to the Commission shall include, but shall not <br />be limited to, all books and records kept on behalf of the Commission. <br />Section 9. REMEDIES. <br />A. Financial Consequences. <br />In accordance with Sections 215.971(1)(a) & (b), F.S., Attachment A contains clearly established <br />tasks in quantifiable units of deliverables that must be received and accepted in writing by the <br />agency before payment. Each deliverable specifies the required minimum level of service to be <br />performed and the criteria for evaluating the successful completion of each deliverable. If the <br />Recipient fails to produce each deliverable within the time frame specified by Attachment A, the <br />budget amount allocated for that deliverable will be reduced by ten percent (10%) from the <br />Recipient's payment, unless otherwise modified by Attachment A. <br />In addition, pursuant to Section 215.971(1)(c), the Commission shall apply any additional <br />financial consequences as listed below or as identified in Attachment A. <br />Temporarily withhold payments pending correction of the deficiency by the Contractor. <br />ii. Reduction of payment if correction of deficiency is not made by the Contractor. <br />iii. Disallow all or part of the cost of the activity or action not in compliance. <br />iv. Wholly or partly suspend or terminate this agreement. <br />V. Withhold future awards for the FWC projects. <br />vi. Take other remedies that may be legally available. <br />Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 9 of 34 <br />