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for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; 5 . Exercise any other rights or remedies which may be otherwise available under law; (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances . Cause shall include , but not be limited to, misuse of funds ; fraud ; lack of compliance with applicable rules, laws and regulations ; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended . (d) Suspension or termination constitutes final agency action under Chapter 120 , Florida Statutes, as amended . Notification of suspension or termination shall include notice of administrative hearing rights and time frames . (e) In addition to any other remedies, the Recipient shall return to the Department any funds which were used for ineligible purposes under the program laws, rules, and regulations governing the use of the funds under the program . (f) This Agreement may be terminated by the written mutual consent of the parties . ( g) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined . ( 10) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail , return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement . (b) The name and address of the Department contract manager for this Agreement is : Ms . Debbie Wonsch, Manager Emergency Management Preparedness and Assistance Base Grant Program Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone : (850) 413 -9894 Fax: ( 850) 488-7842 Email : debbie .wonschedca. state . fl .us 6