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2 . issuing a written notice of noncompliance to advise that more serious <br /> measures may be taken if the situation is not corrected ; <br /> 3 . advising the Recipient to suspend , discontinue or refrain from incurring costs <br /> for any activities in question ; or <br /> 4 . requiring the Recipient to reimburse the Department for the amount of costs <br /> incurred for any items determined to be ineligible ; <br /> ( e ) Require that the Recipient return to the Department any funds which were used <br /> for ineligible purposes under the program laws , rules and regulations governing the use of funds under <br /> this program . <br /> ( f) Exercise any other rights or remedies which may be otherwise available <br /> under law . <br /> ( g ) The pursuit of any one of the above remedies shall not preclude the Department from <br /> pursuing any other remedies contained herein or otherwise provided at law or in equity . No waiver by the <br /> Department of any right or remedy granted hereunder or failure to insist on strict performance by the <br /> Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department <br /> hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any <br /> further or subsequent default by the Recipient. <br /> ( 12 ) TERMINATION <br /> ( a ) The Department may terminate this Agreement for cause upon such written <br /> notice as is reasonable under the circumstances . Cause shall include , but not be limited to , misuse of <br /> funds ; fraud ; lack of compliance with applicable rules , laws and regulations ; failure to perform in a timely <br /> manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other <br /> material subject to disclosure under Chapter 119 , Fla . Stat. , as amended . <br /> ( b ) The Department may terminate this Agreement when it determines , in its sole <br /> discretion , that the continuation of the Agreement would not produce beneficial results commensurate <br /> with the further expenditure of funds , by providing the Recipient with thirty ( 30 ) calendar days prior written <br /> notice . <br /> 10 <br />