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immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a <br />state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any <br />contract. <br />(7) DEFAULT: REMEDIES: TERMINATION. <br />(a) If the necessary funds are not available to fund this Agreement as a result of action by <br />Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any <br />of the following events occur ("Events of Default"), all obligations on the part of the Department to make any <br />further donations or payment of funds hereunder shall, if the Department so elects, terminate and the Department <br />may, at its option, exercise any of its remedies set forth herein, but the Department may make any,payments or parts <br />of payments after the happening of any Events of Default without thereby waiving the right to exercise such <br />remedies, and without becoming liable to make any further payment: <br />1. If any warranty or representation made by the Recipient in this Agreement or any <br />previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient <br />shall materially fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any <br />previous agreement with the Department, and has not cured such in timely fashion, or is unable or unwilling to meet <br />its obligations thereunder; <br />2. If any material adverse change shall occur in the financial condition of the Recipient <br />at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed <br />with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the <br />time and date written notice is sent by the Department. <br />If any reports required by this Agreement have not been submitted to the Department <br />or have been knowingly submitted with substantial information that is incorrect, incomplete or insufficient <br />information; <br />4. If the Recipient has failed to perform and complete in timely fashion any of the <br />services required under the Scope of Work attached hereto as Attachment B. <br />(b) Upon the happening of an Event of Default, then the Department may, at its option, upon <br />thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to timely cure, <br />