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this Agreement or any previous agreement with the Department and has not cured such in timely fashion , or is unable or unwilling to meet its obligations thereunder; ( b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement , and the Recipient fails to cure said material adverse change within thirty ( 30 ) days from the time the date written notice is sent by the Department. ( c) If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect , incomplete or insufficient information ; (d ) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement . ( 11 ) REMEDIES . Upon the happening of an Event of Default, then the Department may , at its option , upon thirty ( 30 ) calendar days prior written notice to the Recipient and upon the Recipient' s failure to cure within said thirty ( 30 ) day period , exercise any one or more of the following remedies , either concurrently or consecutively : (a ) Terminate this Agreement, provided that the Recipient is given at least thirty ( 30 ) days prior written notice of such termination . The notice shall be effective when placed in the United States mail , first class mail , postage prepaid , by registered or certified mail - return receipt requested , to the address set forth in Paragraph ( 13 ) herein ; ( b) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; ( d ) Exercise any corrective or remedial actions , to include but not be limited to : 1 . requesting additional information from the Recipient to determine the reasons for or the extent of non -compliance or lack of performance , Z . issuing a written warning to advise that more serious measures may be taken if the situation is not corrected , 3 . advising the Recipient to suspend , discontinue or refrain from incurring costs for any activities in question or 4 . requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible ; 8