Common use of Default Remedies Termination Clause in Contracts

Default Remedies Termination. 1. If the necessary funds are not available to fund this Agreement because of action by the Florida Legislature or the Office of the State Chief Financial Officer, or if any Defaults occur, as described below, all obligations on the part of FCT to make any further payment of funds hereunder shall terminate and FCT may exercise any of the remedies set forth herein. If FCT makes any payments or parts of payments after an Event of Default, such payment will not waive FCT’s right to exercise such remedies, and will not obligate FCT to make any further payments. 2. The following constitute a Default: a. If FCT finds that any warranty or representation made by the Recipient in this Agreement, any previous agreement with FCT, or in any document provided to FCT is false or misleading in any respect. b. If the Recipient fails to perform any of the terms or covenants contained in this Agreement or any previous agreement with FCT and has not cured such failure in timely fashion, or is unable or unwilling to meet its obligations hereunder; or c. If any material adverse change in the Recipient’s financial condition occurs during the term of this Agreement and the Recipient fails to cure the material adverse change within thirty (30) days from the date written notice is sent to the Recipient by FCT; or d. If any reports or documents required by this Agreement have not been timely submitted to FCT or have been submitted with incorrect, incomplete, or insufficient information; or e. If the Recipient fails to perform any of its obligations under this Agreement in a timely fashion; or f. If the Recipient fails to comply with Project deadlines set forth in the approved Management Plan; or g. If the Recipient fails to keep the Project Site open to the public. 3. Upon the happening of a Default, FCT may, after giving thirty (30) calendar days’ notice, exercise any one or more of the following remedies, either concurrently or consecutively. The pursuit of any one of the following remedies shall not preclude FCT from pursuing any other remedies contained herein or otherwise provided at law or in equity: a. Terminate this Agreement, provided the Recipient is given at least thirty (30) calendar days’ prior written notice of such termination. The notice shall be effective upon the date of the letter. Notification shall be given pursuant to Section V. b. Commence an appropriate legal or equitable action to enforce performance of this Agreement. c. Withhold or suspend payment of all or any part of the FCT Award. d. Exercise any corrective or remedial actions, including, but not limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance or issuing a written warning to advise that more serious measures may be taken if the situation is not corrected. e. Exercise any other rights or remedies that are otherwise available under law, including, those described in paragraph IX.3. 4. FCT may terminate this Agreement for cause upon written notice to the Recipient. Cause shall include, but is not limited to: default; fraud; lack of compliance with applicable rules, laws, and regulations; failure to perform in a timely manner; failure to make significant progress toward Project Plan and Management Plan approval; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, F.S., as amended. 5. FCT may terminate this Agreement if it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds. 6. The Recipient may request termination of this Agreement before its Expiration Date by a written request fully describing the circumstances that compel the Recipient to terminate the Project. A request for termination shall be provided to FCT in a manner described in paragraph V.1.

Default Remedies Termination. 1. a) If the necessary funds are not available to fund this Agreement because of action by the Florida Legislature or the Office any of the State Chief Financial Officer, or if any Defaults occur, as described belowfollowing events occur ("Events of Default"), all obligations on the part of FCT the AGENCY/GRANTEE to make any further payment of funds hereunder shall terminate shall, if the AGENCY/GRANTEE so elects, terminate, and FCT the AGENCY/GRANTEE may at its option exercise any of the its remedies set forth herein. If FCT makes , but the AGENCY/GRANTEE may make any payments or parts of payments after an Event the happening of Default, such payment will not waive FCT’s any Events of Default without thereby waiving the right to exercise such remedies, and will not obligate FCT without becoming liable to make any further payments. 2. The following constitute a Defaultpayment: a. 1. If FCT finds that any warranty or representation made by the Recipient RECIPIENT/ SUBGRANTEE in this Agreement, Agreement or any previous agreement Agreement with FCT, or in the AGENCY/GRANTEE shall at any document provided to FCT is time be false or misleading in any respect. b. If , or if the Recipient fails RECIPIENT/SUBGRANTEE shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with FCT the AGENCY/GRANTEE and has not cured such failure in timely fashion, or is unable or unwilling to meet its obligations hereunder; orthereunder; c. 2. If any material adverse change shall occur in the Recipient’s financial condition occurs of the RECIPIENT/SUBGRANTEE at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the AGENCY/GRANTEE, and the Recipient RECIPIENT/SUBGRANTEE fails to cure the said material adverse change within thirty (30) days from the time the date written notice is sent to by the Recipient by FCT; orAGENCY/GRANTEE; d. 3. If any reports or documents required by this Agreement have not been timely submitted to FCT the AGENCY/GRANTEE or have been submitted with incorrect, incomplete, incomplete or insufficient information; or e. If the Recipient fails to perform any of its obligations under this Agreement in a timely fashion; or f. If the Recipient fails to comply with Project deadlines set forth in the approved Management Plan; or g. If the Recipient fails to keep the Project Site open to the public. 3. Upon the happening of a Default, FCT may, after giving thirty (30) calendar days’ notice, exercise any one or more of the following remedies, either concurrently or consecutively. The pursuit of any one of the following remedies shall not preclude FCT from pursuing any other remedies contained herein or otherwise provided at law or in equity: a. Terminate this Agreement, provided the Recipient is given at least thirty (30) calendar days’ prior written notice of such termination. The notice shall be effective upon the date of the letter. Notification shall be given pursuant to Section V. b. Commence an appropriate legal or equitable action to enforce performance of this Agreement. c. Withhold or suspend payment of all or any part of the FCT Award. d. Exercise any corrective or remedial actions, including, but not limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance or issuing a written warning to advise that more serious measures may be taken if the situation is not corrected. e. Exercise any other rights or remedies that are otherwise available under law, including, those described in paragraph IX.3.; 4. FCT may terminate this Agreement for cause upon written notice to If the Recipient. Cause shall include, but is not limited to: default; fraud; lack of compliance with applicable rules, laws, and regulations; failure RECIPIENT/SUBGRANTEE has failed to perform and complete in a timely manner; failure to make significant progress toward Project Plan fashion any of the services required under the Budget and Management Plan approval; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, F.S., Scope of Work attached hereto as amended"Attachment A". 5. FCT may terminate If the necessary funds are not available to fund this Agreement if it determinesagreement as a result of action by Congress, in its sole discretionthe N.C. Legislature, that or the continuation Office of the Agreement would not produce beneficial results commensurate with the further expenditure of fundsState Budget and Management. 6. The Recipient may request termination of this Agreement before its Expiration Date by a written request fully describing the circumstances that compel the Recipient to terminate the Project. A request for termination shall be provided to FCT in a manner described in paragraph V.1.

Default Remedies Termination. 1. If the necessary funds are not available to fund this Agreement because as a result of action by the Florida Legislature or the Office of the State Chief Financial OfficerComptroller, or if any Defaults occur, as described belowof the events below occur (“Events of Default”), all obligations on the part of FCT to make any further payment of funds hereunder shall shall, if FCT so elects, terminate and FCT may may, at its option, exercise any of the its remedies set forth herein. If , but FCT makes may make any payments or parts of payments after an Event the happening of Default, such payment will not waive FCT’s any Events of Default without thereby waving the right to exercise such remedies, and will not obligate FCT without becoming liable to make any further payments. 2payment. The following constitute a Events of Default: a. If FCT finds that any warranty or representation made by the Recipient in this Agreement, any previous agreement with FCT, FCT or in any document provided to FCT is shall at any time be false or misleading in any respect. b. If , or if the Recipient fails shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with FCT and has not cured such failure in timely fashion, or is unable or unwilling to meet its obligations hereunder; orthereunder; c. b. If any material adverse change shall occur in the Recipient’s financial condition occurs of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with FCT, and the Recipient fails to cure the said material adverse change within thirty (30) days from the date written notice is sent to the Recipient by FCT; or; d. c. If any reports or documents required by this Agreement have not been timely submitted to FCT or have been submitted with incorrect, incomplete, incomplete or insufficient information; or e. d. If the Recipient fails to perform and complete in timely fashion any of its obligations under this Agreement in a timely fashion; or f. If the Recipient fails to comply with Project deadlines set forth in the approved Management Plan; or g. If the Recipient fails to keep the Project Site open to the publicAgreement. 32. Upon the happening of a an Event of Default, FCT may, after giving at its option, upon thirty (30) calendar days’ noticedays from the date written notice is sent to the Recipient by FCT and upon the Recipient’s failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively. The , and the pursuit of any one of the following remedies shall not preclude FCT from pursuing any other remedies contained herein or otherwise provided at law or in equity: a. Terminate this Agreement, provided the Recipient is given at least thirty (30) calendar days’ days prior written notice of such termination. The notice shall be effective upon when placed in the date of United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the letteraddress set forth in paragraph V.2. Notification shall be given pursuant to Section V.herein; b. Commence an appropriate legal or equitable action to enforce performance of this Agreement.; c. Withhold or suspend payment of all or any part of the FCT Award.; d. Exercise any corrective or remedial actions, including, but not limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance or issuing a written warning to advise that more serious measures may be taken if the situation is not corrected.; or e. Exercise any other rights or remedies that are which may be otherwise available under law, including, but not limited to, those described in paragraph IX.3. 43. FCT may terminate this Agreement for cause upon written notice to the Recipient. Cause shall include, but is not limited to: default; fraud; lack of compliance with applicable rules, laws, laws and regulations; failure to perform in a timely manner; failure to make significant progress toward Project Plan and Management Plan approval; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, F.S.Fla.Stat., as amended. Appraisals, and any other reports relating to value, offers and counteroffers are not available for public disclosure or inspection and are exempt from the provisions of Section 119.07(1), Fla. Stat. until a Purchase Agreement is executed by the Owner(s) and Recipient and conditionally accepted by FCT, or if no Purchase Agreement is executed, then as provided for in Sections 125.355(1)(a) and 166.045(1)(a), Fla. Stat. 54. FCT may terminate this Agreement if when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of fundsfunds by providing the Recipient with thirty (30) calendar days prior written notice. 65. The Recipient may request termination of this Agreement before its Expiration Date by a written request fully describing the circumstances that compel the Recipient to terminate the Projectproject. A request for termination shall be provided to FCT in a manner described in paragraph V.1.

Default Remedies Termination. 1. If the necessary funds are not available to fund this Agreement because of action by the Florida Legislature or the Office of the State Chief Financial Officer, or if any Defaults occur, as described below, all obligations on the part of FCT to make any further payment of funds hereunder shall will terminate and FCT may exercise any of the remedies set forth herein. If FCT makes any payments or parts of payments after an Event of Default, such payment will not waive FCT’s right to exercise such remedies, and will not obligate FCT to make any further payments. 2. The following actions constitute a Default: a. If FCT finds that any warranty or representation made by the Recipient in this Agreement, any previous agreement with FCT, or in any document provided to FCT FCT, is false or misleading in any respect. b. If the Recipient fails to perform any of the terms or covenants contained in this Agreement or any previous agreement with FCT and has not cured such failure in timely fashion, or is unable or unwilling to meet its obligations hereunder; or c. If any material adverse change in the Recipient’s financial condition occurs during the term of this Agreement and the Recipient fails to cure the material adverse change within thirty (30) days from the date written notice is sent to the Recipient by FCT; or d. If any reports or documents required by this Agreement have not been timely submitted to FCT or have been submitted with incorrect, incomplete, or insufficient information; or e. If the Recipient fails to perform any of its obligations under this Agreement in a timely fashion; or f. If the Recipient fails to comply with Project deadlines set forth in the approved Management Plan; or g. If the Recipient fails to keep the Project Site open to the public. 3. Upon the happening of a Default, FCT may, after giving thirty (30) calendar days’ notice, exercise any one or more of the following remedies, either concurrently or consecutively. The pursuit of any one of the following remedies shall will not preclude FCT from pursuing any other remedies contained herein or otherwise provided at law or in equity: a. Terminate this Agreement, provided the Recipient is given at least thirty (30) calendar days’ prior written notice of such termination. The notice shall will be effective upon the date of the letter. Notification shall will be given pursuant to Section V. b. Commence an appropriate legal or equitable action to enforce performance of this Agreement. c. Withhold or suspend payment of all or any part of the FCT Award. d. Exercise any corrective or remedial actions, including, but not limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non-non- compliance or lack of performance or issuing a written warning to advise that more serious measures may be taken if the situation is not corrected. e. Exercise any other rights or remedies that are otherwise available under law, including, those described in paragraph IX.3. 4. FCT may terminate this Agreement for cause upon written notice to the Recipient. Cause shall may include, but is not limited to: default; fraud; lack of compliance with applicable rules, laws, and regulations; failure to perform in a timely manner; failure to make significant progress toward Project Plan and Management Plan approval; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, F.S., as amended. 5. FCT may terminate this Agreement if it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds. 6. The Recipient may request termination of this Agreement before its Expiration Date reimbursement by a written request fully describing the circumstances that compel the Recipient to terminate the Project. A request for termination shall must be provided to FCT in a manner described in paragraph V.1.

Default Remedies Termination. 1. If the necessary funds are not available to fund this Agreement because of action by the Florida Legislature or the Office of the State Chief Financial Officer, or if any Defaults occur, as described below, all obligations on the part of FCT to make any further payment of funds hereunder shall will terminate and FCT may exercise any of the remedies set forth herein. If FCT makes any payments or parts of payments after an Event of Default, such payment will not waive FCT’s right to exercise such remedies, and will not obligate FCT to make any further payments. 2. The following actions constitute a Default: a. If FCT finds that any warranty or representation made by the Recipient Recipients in this Agreement, any previous agreement with FCT, or in any document provided to FCT FCT, is false or misleading in any respect. b. If the Recipient fails Recipients fail to perform any of the terms or covenants contained in this Agreement or any previous agreement with FCT and has not cured such failure in timely fashion, or is unable or unwilling to meet its obligations hereunder; or c. If any material adverse change in the Recipient’s Recipients’ financial condition occurs during the term of this Agreement and the Recipient fails Recipients fail to cure the material adverse change within thirty (30) days from the date written notice is sent to the Recipient Recipients by FCT; or d. If any reports or documents required by this Agreement have not been timely submitted to FCT or have been submitted with incorrect, incomplete, or insufficient information; or e. If the Recipient fails Recipients fail to perform any of its obligations under this Agreement in a timely fashion; or f. If the Recipient fails Recipients fail to comply with Project deadlines set forth in the approved Management Plan; or g. If the Recipient fails Recipients fail to keep the Project Site open to the public. 3. Upon the happening of a Default, FCT may, after giving thirty (30) calendar days’ notice, exercise any one or more of the following remedies, either concurrently or consecutively. The pursuit of any one of the following remedies shall will not preclude FCT from pursuing any other remedies contained herein or otherwise provided at law or in equity: a. Terminate this Agreement, provided the Recipient is Recipients are given at least thirty (30) calendar days’ prior written notice of such termination. The notice shall will be effective upon the date of the letter. Notification shall will be given pursuant to Section V. b. Commence an appropriate legal or equitable action to enforce performance of this Agreement. c. Withhold or suspend payment of all or any part of the FCT Award. d. Exercise any corrective or remedial actions, including, but not limited to, requesting additional information from the Recipient Recipients to determine the reasons for or the extent of non-compliance or lack of performance or issuing a written warning to advise that more serious measures may be taken if the situation is not corrected. e. Exercise any other rights or remedies that are otherwise available under law, including, those described in paragraph IX.3XI.2. 4. FCT may terminate this Agreement for cause upon written notice to the RecipientRecipients. Cause shall may include, but is not limited to: default; fraud; lack of compliance with applicable rules, laws, and regulations; failure to perform in a timely manner; failure to make significant progress toward Project Plan and Management Plan approval; and refusal by the Recipient Recipients to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, F.S., as amended. 5. FCT may terminate this Agreement if it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds. 6. The Recipient Recipients may request termination of this Agreement before its Expiration Date reimbursement by a written request fully describing the circumstances that compel the Recipient Recipients to terminate the Project. A request for termination shall must be provided to FCT in a manner described in paragraph V.1.

Default Remedies Termination. 1. (a) If the necessary funds are not available to fund this Agreement because of action by the Florida Legislature or the Office any of the State Chief Financial Officer, or if any Defaults occur, as described belowfollowing events occur ("Events of Default"), all obligations on the part of FCT the AGENCY/GRANTEE to make any further payment of funds hereunder shall terminate shall, if the AGENCY/ GRANTEE so elects, terminate, and FCT the AGENCY/GRANTEE may at its option exercise any of the its remedies set forth herein. If FCT makes , but the AGENCY/GRANTEE may make any payments or parts of payments after an Event the happening of Default, such payment will not waive FCT’s any Events of Default without thereby waiving the right to exercise such remedies, and will not obligate FCT without becoming liable to make any further payments. 2. The following constitute a Defaultpayment: a. 1. If FCT finds that any warranty or representation made by the Recipient RECIPIENT/ SUBGRANTEE in this Agreement, Agreement or any previous agreement Agreement with FCT, or in the AGENCY/GRANTEE shall at any document provided to FCT is time be false or misleading in any respect. b. If , or if the Recipient fails RECIPIENT/SUBGRANTEE shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with FCT the AGENCY/ GRANTEE and has not cured such failure in timely fashion, or is unable or unwilling to meet its obligations hereunder; orthereunder; c. 2. If any material adverse change shall occur in the Recipient’s financial condition occurs of the RECIPIENT/SUBGRANTEE at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the AGENCY/GRANTEE, and the Recipient RECIPIENT/ SUBGRANTEE fails to cure the said material adverse change within thirty (30) days from the time the date written notice is sent to by the Recipient by FCTAGENCY/GRANTEE; orHazard Mitigation Page 7 FEMA-DR-HMGP 4167-0009-R City of Durham d. 3. If any reports or documents required by this Agreement have not been timely submitted to FCT the AGENCY/GRANTEE or have been submitted with incorrect, incomplete, incomplete or insufficient information; or; e. 4. If the Recipient fails RECIPIENT/SUBGRANTEE has failed to perform and complete in timely fashion any of its obligations the services required under this Agreement in a timely fashion; orthe Budget and Scope of Work attached hereto as "Attachment A". f. 5. If the Recipient fails necessary funds are not available to comply with Project deadlines set forth in fund this agreement as a result of action by Congress, the approved Management Plan; or g. If N.C. Legislature, or the Recipient fails to keep the Project Site open to the publicOffice of State Budget and Management. 3. (b) Upon the happening of a an Event of Default, FCT then the AGENCY/ GRANTEE may, after giving thirty (30) calendar days’ noticeat its option, upon written notice to the RECIPIENT/ SUBGRANTEE and upon the RECIPIENTI SUBGRANTEE's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively. The , and the pursuit of any one of the following remedies shall not preclude FCT the AGENCY/GRANTEE from pursuing any other remedies contained herein or otherwise provided at law or in equity: a. 1. Terminate this Agreement, provided that the Recipient RECIPIENT/ SUBGRANTEE is given at least thirty fifteen (3015) calendar days’ days prior written notice of such termination. The notice shall be effective upon when placed in the date of United States mail, first class mail, postage prepaid, by registered or certified mail return receipt requested, to the letteraddress set forth in paragraph (12) herein; 2. Notification shall be given pursuant to Section V. b. Commence an appropriate legal or equitable action to enforce performance of this Agreement.; c. 3. Withhold or suspend payment of all or any part of the FCT Award.a request for payment; d. Exercise any corrective or remedial actions, including, but not limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance or issuing a written warning to advise that more serious measures may be taken if the situation is not corrected. e. 4. Exercise any other rights or remedies that are which may otherwise be available under law, including, those described in paragraph IX.3. 4. FCT (c) The AGENCY/GRANTEE may terminate this Agreement for cause upon such written notice to RECIPIENT/SUBGRANTEE of such termination and specifying the Recipienteffective date thereof, at least one (1) day before the effective date of termination. Cause shall include, but is not be limited to: default, misrepresentation in the grant application, misuse of funds; fraud; lack of compliance with applicable rules, laws, laws and regulations; failure to perform in a timely manner; failure to make significant progress toward Project Plan and Management Plan approval; , and refusal by the Recipient RECIPIENT/SUBGRANTEE to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, F.S., as amendedN.C. General Statutes. 5(d) Suspension or termination constitutes final AGENCY/GRANTEE action. FCT may terminate this Agreement Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e) The RECIPIENT/SUBGRANTEE shall return funds to the AGENCY/ GRANTEE if it determinesfound in non-compliance with laws, in its sole discretionrules, that regulations governing the continuation use of the Agreement would not produce beneficial results commensurate with the further expenditure of fundsfunds or this Agreement. 6(f) Notwithstanding the above, the RECIPIENT/SUBGRANTEE shall not be relieved of liability to the AGENCY/GRANTEE by virtue of any breach of Agreement by the RECIPIENT/SUBGRANTEE. The Recipient may request termination AGENCY/ GRANTEE may, to the extent authorized by law, withhold any payments to the RECIPIENT/SUBGRANTEE for purpose of this Agreement before its Expiration Date by a written request fully describing set-off until such time as the circumstances that compel exact amount of damages due the Recipient to terminate AGENCY/GRANTEE from the Project. A request for termination shall be provided to FCT in a manner described in paragraph V.1RECIPIENT/ SUBGRANTEE is determined.

Default Remedies Termination. 1. If the necessary funds are not available to fund this Agreement because as a result of action by the Florida Legislature or the Office of the State Chief Financial Officer, or if any Defaults occur, as described belowof the events below occur (“Events of Default”), all obligations on the part of FCT to make any further payment of funds hereunder shall shall, if FCT so elects, terminate and FCT may may, at its option, exercise any of the its remedies set forth herein. If , but FCT makes may make any payments or parts of payments after an Event the happening of Default, such payment will not waive FCT’s any Events of Default without thereby waving the right to exercise such remedies, and will not obligate FCT without becoming liable to make any further payments. 2payment. The following constitute a Events of Default: a. If FCT finds that any warranty or representation made by the Recipient in this Agreement, any previous agreement with FCT, FCT or in any document provided to FCT is shall at any time be false or misleading in any respect. b. If , or if the Recipient fails shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with FCT and has not cured such failure in timely fashion, or is unable or unwilling to meet its obligations hereunderthereunder; or c. b. If any material adverse change shall occur in the Recipient’s financial condition occurs of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with FCT, and the Recipient fails to cure the said material adverse change within thirty (30) days from the date written notice is sent to the Recipient by FCT; or d. c. If any reports or documents required by this Agreement have not been timely submitted to FCT or have been submitted with incorrect, incomplete, incomplete or insufficient information; or d. If the Recipient fails to perform and complete in timely fashion any of its obligations under this Agreement; or e. If the Recipient fails to perform any of its obligations under this Agreement in a timely fashion; or f. If the Recipient fails to comply with Project deadlines in a timely fashion set forth in the approved Management Plan; or g. f. If the Recipient fails to keep access of the Project Site open to the public. 32. Upon the happening of a an Event of Default, FCT may, after giving at its option, upon thirty (30) calendar days’ noticedays from the date written notice is sent to the Recipient by FCT and upon the Recipient’s failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively. The , and the pursuit of any one of the following remedies shall not preclude FCT from pursuing any other remedies contained herein or otherwise provided at law or in equity: a. Terminate this Agreement, provided the Recipient is given at least thirty (30) calendar days’ days prior written notice of such termination. The notice shall be effective upon the date of the letter. Notification shall be given pursuant to Section V.; or b. Commence an appropriate legal or equitable action to enforce performance of this Agreement.; or c. Withhold or suspend payment of all or any part of the FCT Award.; or d. Exercise any corrective or remedial actions, including, but not limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance or issuing a written warning to advise that more serious measures may be taken if the situation is not corrected.; or e. Exercise any other rights or remedies that are which may be otherwise available under law, including, but not limited to, those described in paragraph IX.3. 43. FCT may terminate this Agreement for cause upon written notice to the Recipient. Cause shall include, but is not limited to: defaultEvents of Default; fraud; lack of compliance with applicable rules, laws, laws and regulations; failure to perform in a timely manner; failure to make significant progress toward Project Plan and Management Plan approval; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, F.S., as amended.. Appraisals, and any other reports relating to value, offers and counteroffers are not available for public disclosure or inspection and are exempt from the provisions of Section 119.07(1), F.S. until a Purchase Agreement is executed by the Owner(s) and Recipient and conditionally accepted by FCT, or if no Purchase Agreement is executed, then as provided for in Sections 125.355(1)(a) and 166.045(1)(a), F.S. 54. FCT may terminate this Agreement if when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of fundsfunds by providing the Recipient with thirty (30) calendar days prior written notice. 65. The Recipient may request termination of this Agreement before its Expiration Date by a written request fully describing the circumstances that compel the Recipient to terminate the Project. A request for termination shall be provided to FCT in a manner described in paragraph V.1.