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2008-299
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2008-299
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Last modified
4/11/2016 1:44:44 PM
Creation date
10/1/2015 12:37:37 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/16/2008
Control Number
2008-299
Agenda Item Number
15.A.2
Entity Name
Division of Emergency Management
Subject
Federally-Funded Subgrant Agreement Emergency Management Preparedness
Project Number
09-BG-20-10-40-01
Supplemental fields
SmeadsoftID
7582
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( 11 ) REMEDIES. <br /> If an Event of Default occurs , then the Division may, after thirty calendar days written <br /> notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or <br /> more of the following remedies , either concurrently or consecutively : <br /> (a) Terminate this Agreement , provided that the Recipient is given at least thirty days <br /> prior written notice of the termination . The notice shall be effective when placed in the United States , first <br /> class mail , postage prepaid , by registered or certified mail-return receipt requested , to the address in <br /> paragraph (13) herein ; <br /> (b) Begin an appropriate legal or equitable action to enforce performance of this <br /> Agreement; <br /> (c) Withhold or suspend payment of all or any part of a request for payment; <br /> (d) Require that the Recipient refund to the Division any monies used for ineligible <br /> purposes under the laws , rules and regulations governing the use of these funds . <br /> (e) Exercise any corrective or remedial actions , to include but not be limited to : <br /> 1 . request additional information from the Recipient to determine the reasons for <br /> or the extent of non-compliance or lack of performance , <br /> 2 . issue a written warning to advise that more serious measures may be taken if <br /> the situation is not corrected , <br /> 3 . advise the Recipient to suspend , discontinue or refrain from incurring costs for <br /> any activities in question or <br /> 4 . require the Recipient to reimburse the Division for the amount of costs incurred <br /> for any items determined to be ineligible ; <br /> (f) Exercise any other rights or remedies which may be available under <br /> law. <br /> (g) Pursuing any of the above remedies will not stop the Division from pursuing any other <br /> remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this <br /> Agreement or fails to insist on strict performance by the Recipient , it will not affect, extend or waive any <br /> other right or remedy of the Division , or affect the later exercise of the same right or remedy by the Division <br /> for any other default by the Recipient. <br /> ( 12) TERMINATION . <br /> (a) The Division may terminate this Agreement for cause after thirty days written notice . <br /> Cause can include misuse of funds , fraud , lack of compliance with applicable rules , laws and regulations , <br /> failure to perform on time , and refusal by the Recipient to permit public access to any document , paper, <br /> letter, or other material subject to disclosure under Chapter 119 , Fla . Stat. , as amended . <br /> 7 <br />
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