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r r <br /> a <br /> t <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 /> 2 . Commence an appropriate legal or equitable action to enforce performance of this <br /> Agreement; <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 <br /> 5 <br />