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d. Exercise any corrective or remedial actions, including, but not limited to, <br /> requesting additional information from the Recipient to determine the reasons <br /> for or the extent of non-compliance or lack of performance or issuing a <br /> written warning to advise that more serious measures may be taken if the <br /> situation is not corrected; or <br /> e. Exercise any other rights or remedies which may be otherwise available under <br /> law, including, but not limited to, those described in paragraph 1X.3 . <br /> 3 . FCT may terminate this Agreement for cause upon written notice to the Recipient. <br /> Cause shall include, but is not limited to: fraud; lack of compliance with applicable rules, laws and <br /> regulations; failure to perform in a timely manner; failure to make significant progress toward <br /> Project Plan and Management Plan approval; and refusal by the Recipient to permit public access to <br /> any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as <br /> amended. Appraisals, and any other reports relating to value, offers and counteroffers are not <br /> available for public disclosure or inspection and are exempt from the provisions of Section <br /> 119 .07( 1 ), Fla. Stat. until a Purchase Agreement is executed by the Owner(s) and Recipient and <br /> conditionally accepted by FCT, or if no Purchase Agreement is executed, then as provided for in <br /> Sections 125 .355 ( 1 )(a) and 166.045 ( 1 )(a), Fla. Stat. <br /> 4 . FCT may terminate this Agreement when it determines, in its sole discretion, that the <br /> continuation of the Agreement would not produce beneficial results commensurate with the further <br /> expenditure of funds by providing the Recipient with thirty (30) calendar days prior written notice. <br /> 5 . The Recipient may request termination of this Agreement before its Expiration Date <br /> by a written request fully describing the circumstances that compel the Recipient to terminate the <br /> project. A request for termination shall be provided to FCT in a manner described in paragraph V. 1 . <br /> XIV. LEGAL AUTHORIZATION <br /> 1 . The Recipient certifies with respect to this Agreement that it possesses the legal <br /> authority to receive funds to be provided under this Agreement and that, if applicable, its governing <br /> body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement <br /> with all covenants and assurances contained herein. The Recipient also certifies that the <br /> undersigned possesses the authority to legally execute and bind the Recipient to the terms of this <br /> Agreement. <br /> XV. STANDARD CONDITIONS <br /> I . This Agreement shall be construed under the laws of the State of Florida, and venue <br /> for any actions arising out of this Agreement shall lie in Leon County . If any provision hereof is in <br /> conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall <br /> be deemed null and void to the extent of such conflict and shall be severable, but shall not invalidate <br /> any other provision of this Agreement. <br /> 07-039-FF7 <br /> Dec. 13, 2007 <br /> Pre-acquisition <br /> - 17- <br />