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<br />( 9) DEFAULT, REMEDIES: TERMINATION
<br />(a) If the necessary funds are not available to fund this Agreement as a result of action by
<br />Congress, the state Legislature, the Office of the Comptroller or the Office of Management and
<br />Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the
<br />Department to make any further payment of funds hereunder shall, if the Department so elects, terminate
<br />and the Department may, at its option, exercise any of its remedies set forth herein, but the Department
<br />may make any payments or parts of payments after the happening of any Events of Default without
<br />thereby waiving the right to exercise such remedies, and without becoming liable to make any further
<br />payment:
<br />1. If any warranty or representation made by the Recipient in this Agreement or any
<br />previous Agreement with the Department shall at any time be false or misleading in any respect, or if the
<br />Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this
<br />Agreement or any previous agreement with the Department and has not cured such in timely fashion, or
<br />is unable or unwilling to meet its obligations thereunder;
<br />2. If any material adverse change shall occur in the financial condition of the Recipient at
<br />any time during the term of this Agreement from the financial condition revealed in any reports filed or
<br />to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty
<br />(30) days from the time the date written notice is sent by the Department.
<br />3. If any reports required by this Agreement have not been submitted to the Department or
<br />have been submitted with incorrect, incomplete or insufficient information;
<br />4. If the Recipient has failed to perform and complete in timely fashion any of the services
<br />required under the Budget, Attachment A, and Scope of Work, Attachments B and B-1 attached hereto.
<br />(b) Upon the happening of an Event of Default, then the Department may, at its option, upon
<br />thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to timely
<br />cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the
<br />pursuit of any one of the following remedies shall not preclude the Department from pursuing any other
<br />remedies contained herein or otherwise provided at law or in equity:
<br />1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days
<br />prior written notice of such termination. The notice shall be effective when placed in the United States
<br />mail, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the
<br />address set forth in Paragraph (10) herein;
<br />Agreement;
<br />2. Commence an appropriate legal or equitable action to enforce performance of this
<br />3. Withhold or suspend payment of all or any part of a request for payment;
<br />4. Exercise any corrective or remedial actions, to include but not be limited to, requesting
<br />additional information from the Recipient to determine the reasons for or the extent of non-compliance or
<br />lack of performance, issuing a written warning to advise that more serious measures may be taken if the
<br />situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs
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<br />( 9) DEFAULT, REMEDIES: TERMINATION
<br />(a) If the necessary funds are not available to fund this Agreement as a result of action by
<br />Congress, the state Legislature, the Office of the Comptroller or the Office of Management and
<br />Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the
<br />Department to make any further payment of funds hereunder shall, if the Department so elects, terminate
<br />and the Department may, at its option, exercise any of its remedies set forth herein, but the Department
<br />may make any payments or parts of payments after the happening of any Events of Default without
<br />thereby waiving the right to exercise such remedies, and without becoming liable to make any further
<br />payment:
<br />1. If any warranty or representation made by the Recipient in this Agreement or any
<br />previous Agreement with the Department shall at any time be false or misleading in any respect, or if the
<br />Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this
<br />Agreement or any previous agreement with the Department and has not cured such in timely fashion, or
<br />is unable or unwilling to meet its obligations thereunder;
<br />2. If any material adverse change shall occur in the financial condition of the Recipient at
<br />any time during the term of this Agreement from the financial condition revealed in any reports filed or
<br />to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty
<br />(30) days from the time the date written notice is sent by the Department.
<br />3. If any reports required by this Agreement have not been submitted to the Department or
<br />have been submitted with incorrect, incomplete or insufficient information;
<br />4. If the Recipient has failed to perform and complete in timely fashion any of the services
<br />required under the Budget, Attachment A, and Scope of Work, Attachments B and B-1 attached hereto.
<br />(b) Upon the happening of an Event of Default, then the Department may, at its option, upon
<br />thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to timely
<br />cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the
<br />pursuit of any one of the following remedies shall not preclude the Department from pursuing any other
<br />remedies contained herein or otherwise provided at law or in equity:
<br />1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days
<br />prior written notice of such termination. The notice shall be effective when placed in the United States
<br />mail, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the
<br />address set forth in Paragraph (10) herein;
<br />Agreement;
<br />2. Commence an appropriate legal or equitable action to enforce performance of this
<br />3. Withhold or suspend payment of all or any part of a request for payment;
<br />4. Exercise any corrective or remedial actions, to include but not be limited to, requesting
<br />additional information from the Recipient to determine the reasons for or the extent of non-compliance or
<br />lack of performance, issuing a written warning to advise that more serious measures may be taken if the
<br />situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs
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