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2006-279
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2006-279
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Entry Properties
Last modified
8/25/2016 10:29:37 AM
Creation date
9/30/2015 9:57:13 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/22/2006
Control Number
2006-279
Agenda Item Number
7.H.H.
Entity Name
Division of Emergency Management
Subject
Federally Funded Subgrant Agreement
Supplemental fields
SmeadsoftID
5770
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(g ) The pursuit of any one of the above remedies shall not preclude DEM from pursuing <br /> any other remedies contained herein or otherwise provided at law or in equity. No waiver by DEM of any <br /> right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or <br /> extend or act as a waiver of any other right or remedy of DEM hereunder, or affect the subsequent <br /> exercise of the same right or remedy by DEM for any further or subsequent default by the Recipient. <br /> ( 12) TERMINATION . <br /> (a) DEM may terminate this Agreement for cause upon such written notice as is <br /> reasonable under the circumstances . Cause shall include, but not be limited to , misuse of funds ; fraud ; <br /> lack of compliance with applicable rules , laws and regulations ; failure to perform in a timely manner; and <br /> refusal by the Recipient to permit public access to any document, paper, letter, or other material subject <br /> to disclosure under Chapter 119 , Fla . Stat . , as amended . <br /> (b ) DEM may terminate this Agreement when it determines , in its sole discretion , that the <br /> continuation of the Agreement would not produce beneficial results commensurate with the further <br /> expenditure of funds, by providing the Recipient with thirty (30 ) calendar days prior written notice . <br /> (c) The parties may agree to terminate this Agreement for their mutual convenience as <br /> evidenced by written amendment of this Agreement. The amendment shall establish the effective date of <br /> the termination and the procedures for proper closeout of the Agreement. <br /> (d ) In the event that this Agreement is terminated , the Recipient will not incur new <br /> obligations for the terminated portion of the Agreement after the Recipient has received the notification of <br /> termination . The Recipient will cancel as many outstanding obligations as possible . Costs incurred after <br /> the date of receipt of notice of the termination will be disallowed . Notwithstanding the above , the <br /> Recipient shall not be relieved of liability to DEM by virtue of any breach of Agreement by the Recipient. <br /> DEM may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off <br /> until such time as the exact amount of damages due DEM from the Recipient is determined . <br /> ( 13 ) NOTICE AND CONTACT . <br /> (a) All notices provided under or pursuant to this Agreement shall be in writing , either by <br /> hand delivery, or first class , certified mail , return receipt requested , to the representative identified below <br /> at the address set forth below and said notification attached to the original of this Agreement. <br /> (b) The name and address of DEM contract manager for this Agreement is , <br /> 9 <br />
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