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2003-145
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2003-145
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incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the <br /> amount of costs incurred for any items determined to be ineligible ; <br /> 5 . Exercise any other rights or remedies which may be otherwise available under <br /> law ; <br /> ( c ) The Department may terminate this Agreement for cause upon such written notice as <br /> is reasonable under the circumstances . Cause shall include , but not be limited to , misuse of funds ; fraud ; <br /> lack of compliance with applicable rules , laws and regulations ; failure to perform in a timely manner ; and <br /> refusal by the Recipient to permit public access to any document , paper , letter , or other material subject to <br /> disclosure under Chapter 119 , Fla . Stat . , as amended . <br /> ( d ) Suspension or termination constitutes final agency action under Chapter 120 , Fla . <br /> Stat . , as amended . Notification of suspension or termination shall include notice of administrative hearing <br /> rights and time frames . <br /> ( e ) In addition to any other remedies , the Recipient shall return to the Department any <br /> funds which were used for ineligible purposes under the program laws , rules , and regulations governing <br /> the use of the funds under the program . <br /> (f) This Agreement may be terminated by the written mutual consent of the parties . <br /> ( g ) Notwithstanding the above , the Recipient shall not be relieved of liability to the <br /> Department by virtue of any breach of Agreement by the Recipient . The Department may , to the extent <br /> authorized by law , withhold any payments to the Recipient for purpose of set- off until such time as the <br /> exact amount of damages due the Department from the Recipient is determined . <br /> ( 10 ) NOTICE AND CONTACT . <br /> ( a ) All notices provided under or pursuant to this Agreement shall be in writing , either by <br /> hand delivery , or first class , certified mail , return receipt requested , to the representative identified below <br /> at the address set forth below and said notification attached to the original of this Agreement . <br /> ( b ) The Department designates Debbie Boyette , Division of Emergency Management , as <br /> the Department 's Contract Manager . All communications , written or oral , relating to this Agreement shall <br /> be directed to her at : <br /> 7 <br />
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