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option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make <br />payments or partial payments after any Events of Default without waiving the right to exercise such <br />remedies, and without becoming liable to make any further payment: <br />(a) If any warranty or representation made by the Recipient in this Agreement or any <br />previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient <br />fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous <br />agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its <br />obligations under this Agreement; <br />(b) If material adverse changes occur in the financial condition of the Recipient at any time <br />during the term of this Agreement and the Recipient fails to cure this adverse change within thirty days from <br />the date written notice is sent by the Division. <br />(c) If any reports required by this Agreement have not been submitted to the Division or <br />have been submitted with incorrect, incomplete or insufficient information; <br />(d) If the Recipient has failed to perform and complete on time any of its obligations under <br />this Agreement. <br />(11) REMEDIES <br />If an Event of Default occurs, then the Division may, after thirty calendar days written notice <br />to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more <br />of the following remedies, either concurrently or consecutively: <br />(a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) 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 />Agreement; <br />(b) Begin an appropriate legal or equitable action to enforce performance of this <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 or <br />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 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 />5 <br />