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2006-402
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2006-402
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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 the Division for the amount of costs <br /> incurred for any items determined to be ineligible; <br /> (e) Require that the Recipient return to the Division any funds which were used for <br /> ineligible purposes under the program laws, rules and regulations governing the use of funds under this <br /> 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 Division from <br /> pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the <br /> Division of any right or remedy granted hereunder or failure to insist on strict performance by the <br /> Recipient shall affect or extend or act as a waiver of any other right or remedy of the Division hereunder, <br /> or affect the subsequent exercise of the same right or remedy by the Division for any further or <br /> subsequent default by the Recipient . <br /> ( 12 ) TERMINATION . <br /> (a) The Division 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; fraud ; <br /> lack of compliance with applicable rules , laws and regulations ; failure to perform in a timely manner; and <br /> 9 <br />
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