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( b) Upon the happening of an Event of Default, then the Department may, at its option , upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to timely cure , exercise any one or more of the following remedies , either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1 . Terminate this Agreement, provided that the Recipient is given at least thirty (30 ) days prior written notice of such termination . The notice shall be effective when placed in the United States mail , first class mail , postage prepaid , by registered or certified mail-return receipt requested , to the address set forth in paragraph ( 10) herein ; 2 . Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3 . Withhold or suspend payment of all or any part of a request for payment; 4 . Exercise any corrective or remedial actions , to include but not be limited to , requesting additional information from the Recipient to determine the reasons for or the extent of non- compliance or lack of performance , issuing a written warning to advise that more serious measures may be taken if the situation is not corrected , advising the Recipient to suspend , discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible ; 5 . Exercise any other rights or remedies which may be otherwise available under law; (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances . Cause shall include , but not be limited to , misuse of funds ; fraud ; lack of compliance with applicable rules , laws and regulations ; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119 , Fla . Stat. , as amended . (d ) In addition to any other remedies , the Recipient shall return to the Department any funds which were used for ineligible purposes under the program laws , rules , and regulations governing the use of the funds under the program . (e) Notwithstanding the above , the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined . (f) The Department may terminate this Agreement at any time if the Recipient refuses to fulfill any of its obligations under this Agreement. Prior to termination , the department shall provide thirty (30) calendar days prior written notice of its intent to terminate pursuant to this provision and shall provide the Recipient an opportunity to consult with the Department regarding the reason (s) for termination . (g ) The Department may terminate this Agreement for its convenience by providing the Recipient with thirty (30 ) calendar days prior written notice . ( h ) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. 4