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4.e Deliverables. <br />The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plane <br />The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlinede <br />in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Departmente <br />making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions sete <br />forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement,e <br />5. Performance Measures. <br />The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of thee <br />kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional ande <br />workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do note <br />knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) itse <br />employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes,e <br />if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigatee <br />or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreemente <br />requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverablee <br />does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured ate <br />the time of delivery.e <br />6. Acceptance of Deliverables. <br />a.e Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Managere <br />before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remaine <br />outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept thee <br />deliverables within 30 days of receipt, they will be deemed rejected.e <br />b.e Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grante <br />Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactorye <br />performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables wille <br />be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks ore <br />activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associatede <br />invoice, Payment for the rejected deliverable will not be issued unless the rejected deliverable is madee <br />acceptable to Department in accordance with the Agreement requirements. The Department, at its option, maye <br />allow additional time within which Grantee may remedy the objections noted by Department. The Grantee'se <br />failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute ane <br />event of default.e <br />7. Financial Consequences for Nonperformance. <br />a.e Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/ore <br />Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when thee <br />Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequencese <br />for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considerede <br />penalties.e <br />b.e Invoice reductione <br />If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1 % for eache <br />day the deadline is missed, unless an extension is approved in writing by the Department.e <br />c.e Corrective Action Plan, If Grantee fails to correct all the deficiencies in a rejected deliverable within the specif ede <br />timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) bee <br />submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deftcienciese <br />in the CAP. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days.e <br />i.e The Grantee shall submit a CAP within ten (10) days of the date of the written request frome <br />Department. The CAP shall be sent to the Department's Grant Manager for review and approval.e <br />Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether thee <br />CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days frome <br />receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure toe <br />obtain Department approval of a CAP as specified above may result in Department's termination of e <br />this Agreement for cause as authorized in this Agreement.e <br />ii.e Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days toe <br />commence implementation of the accepted plan. Acceptance of the proposed CAP by Departmente <br />does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP failse <br />to correct or eliminate performance deficiencies by Grantee, Department shall retain the right toe <br />Attachment 1-A <br />2of13 <br />Rev. 9/15/2023 <br />272 <br />