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(a) If the necessary funds are not available to fund this agreement as a result of action <br /> by Congress , the state Legislature , the Office of the Comptroller or the Office of Management and <br /> Budgeting , or if any of the following events occur ("Events of Default") , all obligations on the part of the <br /> Department to make any further payment of funds hereunder shall , if the Department so elects , terminate <br /> and the Department may, at its option , exercise any of its remedies set forth herein , but the Department <br /> may make any payments or parts of payments after the happening of any Events of Default without <br /> thereby waiving the right to exercise such remedies , and without becoming liable to make any further <br /> payment: <br /> 1 . If any warranty or representation made by the Recipient in this Agreement or <br /> any previous Agreement with the Department shall at any time be false or misleading in any respect, or if <br /> the Recipient shall fail to keep , observe or perform any of the terms or covenants contained in this <br /> Agreement or any previous agreement with the Department and has not cured such in timely fashion , or <br /> is unable or unwilling to meet its obligations thereunder ; <br /> 2 . If any material adverse change shall occur in the financial condition of the <br /> Recipient at any time during the term of this Agreement from the financial condition revealed in any <br /> reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse <br /> change within thirty (30) days from the time the date written notice is sent by the Department. <br /> 3 . If any reports required by this Agreement have not been submitted to the <br /> Department or have been submitted with incorrect, incomplete or insufficient information ; <br /> 4 . If the Recipient has failed to perform and complete in timely fashion any of the <br /> services required under the Budget and Scope of Work attached hereto as Attachment A . <br /> 5 . If the Recipient fails to comply with the requirements of statutory objectives of <br /> Federal laws or regulations . <br /> (b) Upon the happening of an Event of Default, then the Department <br /> may, at its option , upon thirty (30) calendar days prior written notice to the Recipient and upon the <br /> Recipient's failure to timely cure , exercise any one or more of the following remedies , either concurrently <br /> or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department <br /> from pursuing any other remedies contained herein or otherwise provided at law or in equity: <br /> 6 <br />