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2009-117
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2009-117
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Last modified
3/7/2016 11:59:06 AM
Creation date
10/1/2015 3:31:12 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/21/2009
Control Number
2009-117
Agenda Item Number
8.O.
Entity Name
Florida Division of Emergency Management
Subject
Federally Funded Subgrant Agreement
Project Number
09-DS-51-10-40-01-421
Supplemental fields
SmeadsoftID
10611
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or any previous agreement with the Division and has not cured them in timely fashion , or is <br /> unable or unwilling to meet its obligations under this Agreement ; <br /> (b) If material adverse changes occur in the financial condition of the Recipient <br /> at any time during the term of this Agreement , and the Recipient fails to cure this adverse change <br /> within thirty days from the date written notice is sent by the Division . <br /> (c) If any reports required by this Agreement have not been submitted to the <br /> Division or have been submitted with incorrect , incomplete or insufficient information ; <br /> (d) If the Recipient has failed to perform and complete on time any of its <br /> obligations under this Agreement . <br /> (11 ) REMEDIES . <br /> If an Event of Default occurs , then the Division may , after thirty calendar days <br /> written notice to the Recipient and upon the Recipient's failure to cure within those thirty days , <br /> exercise any one or more of the following remedies , either concurrently or consecutively : <br /> (a) Terminate this Agreement , provided that the Recipient is given at least thirty <br /> days prior written notice of the termination . The notice shall be effective when placed in the <br /> United States , first class mail , postage prepaid , by registered or certified mail- return receipt <br /> requested , to the address in paragraph ( 13) herein ; <br /> (b) Begin 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) Require that the Recipient refund to the Division any monies used for <br /> ineligible purposes under the laws , rules and regulations governing the use of these funds . <br /> (e) Exercise any corrective or remedial actions , to include but not be limited to : <br /> 1 . rPguecif uddifional information from the Recipient to determine fhe <br /> reasons for or the extent of non-compliance or lack of performance , <br /> 2 . issue a written warning to advise that more serious measures may be <br /> taken if the situation is not corrected , <br /> 3 , advise the Recipient to suspend , discontinue or refrain from incurring <br /> costs for any activities in question or <br /> 4 . require the Recipient to reimburse the Division for the amount of costs <br /> incurred for any items determined to be ineligible ; <br /> (f) Exercise any other rights or remedies which may be available under <br /> law . <br /> (g) Pursuing any of the above remedies will not stop the Division from pursuing <br /> any other remedies in this Agreement or provided at law or in equity . If the Division waives any <br /> right or remedy in this Agreement or fails to insist on strict performance by the Recipient , it will not <br />
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