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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 />M <br />