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( a ) If any warranty or representation made by the Recipient in this Agreement or any <br /> previous Agreement with the Department shall at any time be false or misleading in any respect, or if the <br /> Recipient shall fail to keep , observe or perform any of the obligations , terms or covenants contained in <br /> this Agreement or any previous agreement with the Department and has not cured such in timely fashion , <br /> or is unable or unwilling to meet its obligations thereunder; <br /> ( b ) If any material adverse change shall occur in the financial condition of the <br /> Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material <br /> adverse change within thirty ( 30 ) days from the time the date written notice is sent by the Department. <br /> ( c) If any reports required by this Agreement have not been submitted to the <br /> Department or have been submitted with incorrect, incomplete or insufficient information ; <br /> ( d ) If the Recipient has failed to perform and complete in timely fashion any of its <br /> obligations under this Agreement. <br /> ( 11 ) REMEDIES <br /> Upon the happening of an Event of Default , then the Department may , at its option , upon <br /> thirty ( 30 ) calendar days prior written notice to the Recipient and upon the Recipient' s failure to cure within <br /> said thirty ( 30 ) day period , exercise any one or more of the following remedies , either concurrently or <br /> consecutively : <br /> ( a ) Terminate this Agreement , provided that the Recipient is given at least thirty ( 30 ) <br /> days prior written notice of such termination . The notice shall be effective when placed in the United <br /> States mail , first class mail , postage prepaid , by registered or certified mail -return receipt requested , to <br /> the address set forth in Paragraph ( 13 ) herein ; <br /> ( b ) Commence an appropriate legal or equitable action to enforce performance of <br /> this Agreement; <br /> (c) Withhold or suspend payment of all or any part of a request for payment ; <br /> (d ) Exercise any corrective or remedial actions , to include but not be limited to : <br /> 1 . requesting additional information from the Recipient to determine the <br /> reasons for or the extent of non -compliance or lack of performance ; <br /> 9 <br />