2006-293E. - Laserfiche WebLink

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