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2008-253
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2008-253
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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 /> (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 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 />
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