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b . 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 <br /> condition revealed in any reports filed or to be filed with FCT, and the <br /> Recipient fails to cure said material adverse change within thirty (30) days <br /> from the date written notice is sent to the Recipient by FCT; <br /> C . If any reports or documents required by this Agreement have not been <br /> timely submitted to FCT or have been submitted with incorrect, <br /> incomplete or insufficient information ; or <br /> d . If the Recipient fails to perform and complete in timely fashion any of its <br /> obligations under this Agreement. <br /> 2 . Upon the happening of an Event of Default, FCT may, at its option, upon thirty <br /> (30) calendar days from the date written notice is sent to the Recipient by FCT and upon the <br /> Recipient ' s failure to timely cure, exercise any one or more of the following remedies, either <br /> concurrently or consecutively, and the pursuit of any one of the following remedies shall not <br /> preclude FCT from pursuing any other remedies contained herein or otherwise provided at law or <br /> in equity : <br /> a . Terminate this Agreement, provided the Recipient is given at least thirty <br /> (30) days prior written notice of such termination . The notice shall be <br /> effective when placed in the United States mail , first class mail , postage <br /> prepaid, by registered or certified mail -return receipt requested , to the <br /> address set forth in paragraph V . 2 . herein ; <br /> b . Commence an appropriate legal or equitable action to enforce <br /> performance of this Agreement; <br /> C . Withhold or suspend payment of all or any part of the FCT Award; <br /> d . Exercise any corrective or remedial actions , including, but not limited to , <br /> requesting additional information from the Recipient to determine the <br /> reasons for or the extent of non- compliance or lack of performance or <br /> issuing a written warning to advise that more serious measures may be <br /> taken if the situation is not corrected ; or <br /> e . Exercise any other rights or remedies which may be otherwise available <br /> under law, including, but not limited to , those described in paragraph IX. 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 <br /> and regulations ; failure to perform in a timely manner; failure to make significant progress <br /> toward Project Plan and Management Plan approval ; and refusal by the Recipient to permit <br /> 05-039-FF5 <br /> October 13 , 2005 <br /> Reimbursement <br /> - 17 - <br />