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State of Florida Auditor General <br /> Attn : Ted J . Sauerbeck <br /> Room 574 , Claude Pepper Building <br /> 111 West Madison Street <br /> Tallahassee , FL 32302- 1450 <br /> 6 . TERMINATION AND DEFAULT <br /> A. This Agreement may be terminated by either party upon default by the other party . <br /> Further, this Agreement may be terminated by the DEPARTMENT in whole or in part at any <br /> time the interest of the DEPARTMENT requires such termination . The DEPARTMENT also <br /> reserves the right to seek termination or cancellation of this Agreement in the event the <br /> COUNTY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT <br /> further reserves the right to terminate or cancel this Agreement in the event an assignment is <br /> made for the benefit of creditors . <br /> B . If the Agreement is terminated before performance is completed , the COUNTY shall <br /> be paid 75 % of the work satisfactorily performed for which costs can be substantiated . <br /> Within 30 days , the COUNTY shall refund to the DEPARTMENT the amount of payment <br /> received for the PROJECT which exceeds 75 % up to 110% of the COUNTY' S costs for the <br /> portion of the PROJECT completed . <br /> 7 . MISCELLANEOUS <br /> A. All words used herein in the singular form shall extend to and include the plural . All <br /> words used in the plural form shall extend to and include the singular. All words used in any <br /> gender shall extend to and include all genders . <br /> B . The DEPARTMENT shall not be obligated or liable hereunder to any party not a party <br /> to this Agreement . <br /> C . In no event shall the making by the DEPARTMENT of any payment to the COUNTY <br /> constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or <br /> any default which may then exist , on the part of the COUNTY, and the making of such <br /> payment by the DEPARTMENT while any such breach or default shall exist shall in no way <br /> impair or prejudice any right or remedy available to the DEPARTMENT with respect to such <br /> breach or default. <br /> D . This document incorporates and includes all prior negotiations , correspondence , <br /> conversations , agreements , or understandings applicable to the matters contained herein , <br /> and the parties agree that there are no commitments , agreements or understandings <br /> concerning the subject matter of this Agreement that are not contained in this document. <br /> Accordingly , it is agreed that no deviation from the terms hereof shall be predicated upon any <br /> prior representation or agreements whether oral or written . It is further agreed that no <br /> modification , amendment or alteration in the terms or conditions contained herein shall be <br /> effective unless contained in a written document executed with the same formality and of <br /> equal dignity herewith . <br /> 7 OF 9 <br />