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2004-173
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2004-173
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1 . Terminate this Agreement, provided that the Recipient is given at least thirty <br /> (30) days prior written notice of such termination . The notice shall be effective when placed in the United <br /> States mail , first class mail , postage prepaid , by registered or certified mail-return receipt requested , to <br /> the address set forth in paragraph (10) herein ; <br /> 2 . Commence an appropriate legal or equitable action to enforce performance of <br /> this Agreement; <br /> 3 . Withhold or suspend payment of all or any part of a request for payment; <br /> 4 . Exercise any corrective or remedial actions , to include but not be limited to , <br /> requesting additional information from the Recipient to determine the reasons for or the extent of non- <br /> compliance or lack of performance , issuing a written warning to advise that more serious measures may <br /> be taken if the situation is not corrected , advising the Recipient to suspend , discontinue or refrain from <br /> 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 <br /> to disclosure under Chapter 1191 Fla . Stat. , as amended . <br /> (d) 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 /> (e) The Department may terminate this Agreement at any time if the Recipient refuses to <br /> fulfill any of its obligations under this Agreement. Prior to termination , the Department shall provide thirty <br /> (30) calendar days prior written notice of its intent to terminate pursuant to this provision and shall provide <br /> the Recipient an opportunity to consult with the Department regarding the reason (s) for termination . <br /> 7 <br />
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