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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />If an Event of Default occurs, then the Division shall, after thirty (30) calendar days <br />written notice to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty (30) <br />days, exercise any one or more of the following remedies, either concurrently or consecutively: <br />a. Terminate this Agreement, provided that the Sub -Recipient is given at least thirty (30) <br />days prior written notice of the termination. The notice shall be effective when placed in the United <br />States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the <br />address in paragraph (3) herein; <br />Agreement; <br />b. Begin an appropriate legal or equitable action to enforce performance of this <br />c. Withhold or suspend payment of all or any part of a request for payment; <br />d. Require that the Sub -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 />Request additional information from the Sub -Recipient to determine the <br />reasons for or the extent of non-compliance or lack of performance, <br />Issue a written warning to advise that more serious measures may be taken <br />if the situation is not corrected, <br />iii. Advise the Sub -Recipient to suspend, discontinue or refrain from incurring <br />costs for any activities in question or <br />iv. Require the Sub -Recipient to reimburse the Division for the amount of costs <br />incurred for any items determined to be ineligible; <br />The Division may Administratively close an Agreement. The Division may use the <br />administrative close-out process when a Sub -Recipient is not responsive to <br />reasonable efforts to collect required reports needed to complete the standard close- <br />out process. The Division shall make three (3) written attempts to collect required <br />reports before initiating administrative close-out. In addition, if an agreement is <br />administratively closed, the Division may decide to impose remedies for <br />noncompliance per 2 C.F.R. § 200.339, consider this information in reviewing future <br />award applications, or apply special conditions to existing or future awards. If the <br />Division needs to administratively close an agreement, this may negatively impact a <br />Sub -Recipient's ability to obtain future funding; and <br />g. Exercise any other rights or remedies which may be available under law. <br />Pursuing any of the above remedies shall not stop the Division from pursuing any <br />other remedies in this Agreement or provided at law or in equity. If the Division waives <br />any right or remedy in this Agreement or fails to insist on strict performance by the <br />Sub -Recipient, it shall not affect, extend or waive any other right or remedy of the <br />13 <br />