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2006-293E.
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2006-293E.
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(c) If any reports required by this Agreement have not been submitted to DEM or have <br /> been submitted with incorrect, incomplete or insufficient information; <br /> (d) If the Recipient has failed to perform and complete in timely fashion any of its <br /> obligations under this Agreement. <br /> (11 ) REMEDIES . <br /> Upon the happening of an Event of Default, then DEM may, at its option , upon thirty (30) <br /> calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said <br /> thirty (30) day period, exercise any one or more of the following remedies, either concurrently or <br /> consecutively: <br /> (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30 ) <br /> days prior written notice of such termination . The notice shall be effective when placed in the United <br /> States mail , first class mail, postage prepaid, by registered or certified mail-return receipt requested , to <br /> the address set forth in paragraph ( 13) herein; <br /> (b) Commence an appropriate legal or equitable action to enforce performance of this <br /> 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 reasons <br /> for or the extent of non-compliance or lack of performance, <br /> 2. issuing a written warning to advise that more serious measures may be taken <br /> if the situation is not corrected , <br /> 3. advising the Recipient to suspend , discontinue or refrain from incurring costs <br /> for any activities in question or <br /> 4 . requiring the Recipient to reimburse DEM for the amount of costs incurred for <br /> any items determined to be ineligible ; <br /> (e) Require that the Recipient return to DEM any funds which were used for ineligible <br /> purposes under the program laws , rules and regulations governing the use of funds under this program . <br /> (f) Exercise any other rights or remedies which may be otherwise available under <br /> law. <br /> 8 <br />
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