2006-279 - Laserfiche WebLink

Home Browse Search

(c) If any reports required by this Agreement have not been submitted to DEM or have been submitted with incorrect, incomplete or insufficient information ; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. ( 11 ) REMEDIES . Upon the happening of an Event of Default, then DEM may, at its option , upon thirty (30 ) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise any one or more of the following remedies , either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination . The notice shall be effective when placed in the United States mail , first class mail , postage prepaid , by registered or certified mail-return receipt requested , to the address set forth in paragraph ( 13) herein ; (b) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d ) Exercise any corrective or remedial actions , to include but not be limited to : 1 . requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2 . issuing a written warning to advise that more serious measures may be taken if the situation is not corrected , 3 . advising the Recipient to suspend , discontinue or refrain from incurring costs for any activities in question or 4 . requiring the Recipient to reimburse DEM for the amount of costs incurred for any items determined to be ineligible ; (e) Require that the Recipient return to DEM any funds which were used for ineligible purposes under the program laws , rules and regulations governing the use of funds under this program . (f) Exercise any other rights or remedies which may be otherwise available under law. 8