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2005-294 1 of 2
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2005-294 1 of 2
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Last modified
8/4/2016 11:10:23 AM
Creation date
9/30/2015 9:04:33 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/06/2005
Control Number
2005-294
Agenda Item Number
7.P
Entity Name
Department of Community Affairs
Subject
Federally Funded SubGrant Agreement
Emergency Management Performance Grant
Project Number
06BG-10-40-01-085
Alternate Name
FDCA EMPA
Supplemental fields
SmeadsoftID
5146
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Recipient to which sovereign immunity applies . Nothing herein shall be construed as consent by a <br /> state agency or subdivision of the State of Florida to be sued by third parties in any matter arising <br /> out of any contract . <br /> ( 10) DF.FAT TT .T <br /> If any of the following events occur (" Events of Default" ) , all obligations on the <br /> part of the Department to make any further payment of funds hereunder shall , if the Department so <br /> elects , terminate and the Department may, at its option, exercise any of its remedies set forth in <br /> Paragraph ( 11 ) , but the Department may make any payments or parts of payments after the <br /> happening of any Events of Default without thereby waiving the right to exercise such remedies , <br /> and without becoming liable to make any further payment : <br /> (a) If any warranty or representation made by the Recipient in this Agreement <br /> or any previous Agreement with the Department shall at any time be false or misleading in any <br /> respect, or if the Recipient shall fail to keep , observe or perform any of the obligations, terms or <br /> covenants contained in this Agreement or any previous agreement with the Department and has <br /> not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder ; <br /> (b) If any material adverse change shall occur in the financial condition of the <br /> Recipient at any time during the term of this Agreement, and the Recipient fails to cure said <br /> material adverse change within thirty (30) days from the time the date written notice is sent by the <br /> Department. <br /> (c) If any reports required by this Agreement have not been submitted to the <br /> Department or have been submitted with incorrect, incomplete or insufficient information ; <br /> (d) If the Recipient has failed to perform and complete in timely fashion any of <br /> its obligations under this Agreement . <br /> ( 11 ) REMEDIES <br /> Upon the happening of an Event of Default, then the Department may, at its option, <br /> upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient' s failure <br /> to cure within said thirty (30) day period, exercise any one or more of the following remedies , <br /> either concurrently or consecutively : <br /> (a) Terminate this Agreement, provided that the Recipient is given at least <br /> thirty (30) days prior written notice of such termination . The notice shall be effective when placed <br /> in the United States mail , first class mail , postage prepaid, by registered or certified mail-return <br /> receipt requested, to the address set forth in paragraph ( 13 ) herein ; <br /> 10 <br />
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