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04 / 16 / 2003 13 : 17 5617705017 NATHAN MCCOLLUM PAGE 07 the Recipient shall fail to keep , observe or perform any of the terms or covenants contained in 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; 2 . If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department , 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; 3 . If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information ; 4 . If the Recipient has failed to perform and complete in timely fashion any of the services required under the Budget and Scope of Work attached hereto as Attachment B . ( b ) Upon the happening of an E=vent 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 timely cure , exercise any one or more of the following remedies , either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity ; 1 . 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 ( 10) herein ; 2 . Commence an appropriate legal or equitable action to enforce performance of this Agreement ; 3 . Withhold or suspend payment of all or any part of a request for payment, 4 . Exercise any corrective or remedial actions , to include but not be limited to , requesting additional information from the Recipient to determine the reasons for or the extent of non- compliance or lack of performance , issuing a written warning to advise that more serious measures may be taken if the situation is not corrected , advising the Recipient to suspend , discontinue or refrain from 6