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(b) Commence an appropriate legal or equitable action to enforce performance <br /> of this Agreement ; <br /> (c) Withhold or suspend payment of all or any part of a request for payment; <br /> (d) Exercise any corrective or remedial actions , to include but not be limited to : <br /> 1 . requesting additional information from the Recipient to determine the <br /> reasons for or the extent of non-compliance or lack of performance , <br /> 2 . issuing a written warning to advise that more serious measures may <br /> be taken if the situation is not corrected, <br /> 3 . advising the Recipient to suspend, discontinue or refrain from <br /> incurring costs for any activities in question or <br /> 4 . requiring the Recipient to reimburse the Department for the amount <br /> of costs incurred for any items determined to be ineligible ; <br /> (e) Require that the Recipient return to the Department any funds which were <br /> used for ineligible purposes under the program laws , rules and regulations governing the use of <br /> funds under this program . <br /> (f) Exercise any other rights or remedies which may be otherwise available under <br /> law. <br /> (g) The pursuit of any one of the above remedies shall not preclude the Department <br /> from pursuing any other remedies contained herein or otherwise provided at law or in equity . No <br /> waiver by the Department of any right or remedy granted hereunder or failure to insist on strict <br /> performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy <br /> of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the <br /> Department for any further or subsequent default by the Recipient . <br /> ( 12) TERMINATION <br /> (a) The Department 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 ; <br /> fraud; lack of compliance with applicable rules , laws and regulations ; failure to perform in a <br /> timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, <br /> or other material subject to disclosure under Chapter 119 , Florida Statutes , as amended . <br /> (b) The Department may terminate this Agreement when it determines , in its sole <br /> discretion, that the continuation of the Agreement would not produce beneficial results <br /> 11 <br />