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B . The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) <br /> calendar days written notice . <br /> C . The parties hereto may agree to terminate this Agreement for convenience as evidenced by written <br /> amendment of this Agreement. The amendment shall establish the effective date of the termination and <br /> the procedures for proper closeout of the Agreement. <br /> D. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public <br /> access to all documents, papers, letters, or other material made or received by the Grantee in conjunction <br /> with this Agreement, unless the records are exempt from Section 24(a) of Article I of the <br /> State <br /> Constitution and Section 119 . 07( 1 ) , Florida Statutes . <br /> 8 . If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any Federal or <br /> State statutes, rules or regulations, applicable to this Agreement, the Department may take one or more of the <br /> following actions, as appropriate for the circumstances. <br /> A . Temporarily withhold cash payments pending correction of the deficiency by the Grantee . <br /> B . Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of <br /> the activity or action not in compliance . <br /> C . Wholly or partly suspend or terminate this Agreement. <br /> D . Withhold fizrther awards for the project or program. <br /> E . Take other remedies that may be legally available . <br /> F . Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or after <br /> termination of the Agreement are not allowable unless the Department expressly authorizes them in the <br /> notice of suspension or termination. Other Grantee costs during suspension or after termination which are <br /> necessary and not reasonably avoidable are allowable if the following apply. <br /> 1 . The costs result from obligations which were properly incurred by the recipient before the <br /> effective date of suspension or termination, are not in anticipation of it, and in the case of <br /> termination, are noncancellable . <br /> 2 . The cost would be allowable if the Agreement were not suspended or expired normally at the end <br /> of the funding period in which the termination takes place. <br /> G. The remedies identified above, do not preclude the Grantee from being subject to debarment and <br /> suspension under Executive Orders 12549 and 12689 . <br /> 9 . A. The Grantee shall maintain books, records and documents directly pertinent to performance under this <br /> Agreement in accordance with generally accepted accounting principles consistently applied. The <br /> Department, the State, or their authorized representatives shall have access to such records for audit <br /> purposes during the term of this Agreement and for five years following Agreement completion. In the <br /> event any work is subgranted or subcontracted, the Grantee shall similarly require each subgrantee and <br /> subcontractor to maintain and allow access to such records for audit purposes . <br /> B . The Grantee agrees that if any litigation, claim, or audit is started before the expiration of the record <br /> retention period established above , the records shall be retained until all litigation, claims or audit findings <br /> involving the records have been resolved and final action taken. <br /> C . Records for real property and equipment acquired with Federal fimds shall be retained for five years <br /> following final disposition. <br /> DEP Agreement No . G0143 , Page 5 of 10 <br />