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13 <br />and specifying the effective date thereof; at least one (1) day before the <br />effective date of'termination, Cause shall include, but not be limited to, <br />misrepresentation in the grant application, misuse of funds; fraud; lack of <br />compliance with applicable rules, laws and regulations; failure to perform in <br />a timely manner, and refusal by the RECIPIENI/SUBGRANIEE to permit <br />public access to any document, paper, letter, or other material subject to <br />disclosure under N.,C. General Statutes. <br />(d) Suspension or termination constitutes final AGENCY/GRANTEE action <br />Notification of'suspension or termination shall include notice of <br />administx•ative hearing rights and time frames. <br />(e} the RECIPIENT/SUBGRANTEE shall return funds to the AGENCY/ <br />GRANTEE if' found in non-compliance with laws, rules, regulations <br />governing the use of'the funds or this Agreement <br />(f) Notwithstanding the above, the RECIPIENT/SUBGRANTEE shall not be <br />relieved of liability to the AGENCY/GR.ANIEE by virtue of any breach of <br />Agreement by the RECIPIENI/SUBGRANTEE,. The AGENCY/ <br />GRANTEE may, to the extent authorized by law, withhold any payments to <br />the RECIPIENT/SUBGRANTEE for purpose of set-off until such time as <br />the exact amount of'damages due the AGENCY/GRANTEE from the <br />RECIPIENT/ SUBGRANTEE is determined. <br />(12) NOTICE AND CONTACT <br />(a) All notices provided under or pursuant to this Agreement shall be in <br />writing, first class, certified mail, return receipt requested, to the <br />representative identified below and said notification attached to the original <br />of this Agreement <br />(b) the name and address ofthe AGENCY/GRANTEE contract manager for <br />this Agreement is: <br />John Crew <br />Hazard Mitigation Section Chief <br />Department of Crime Control & Public Safety <br />Division of Emergency Management <br />Disaster Recovery Operations Center <br />1830-B Tillery Place <br />Raleigh, NC 27604 <br />(c) the name and address of the Representative of the RECIPIENT/ <br />SUBGRANTEE (Designated Agent) responsible for the administration of <br />this Agreement is: <br />Hazard Mitigation Page 9 FEMA-DR-1490-0005 Orange County <br />Grant Agreement <br />