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(c) The AGENCY/GRANTEE may terminate this Agreement for cause upon <br />such written notice to RECIPIENT/SUBGRANTEE of such termination <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 <br />in a timely manner, and refusal by the RECIPIENT/SUBGRANTEE to <br />permit public access to any document, paper, letter, or other material <br />subject to 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 />administrative 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 />(~ Notwithstanding the above, the RECIPIENT/SUBGRANTEE shall not be <br />relieved of liability to the AGENCY/GRANTEE by virtue of any breach <br />of Agreement by the RECIPIENT/SUBGRANTEE. The AGENCY/ <br />GRANTEE may, to the extent authorized by law, withhold any payments <br />to the RECIPIENT/SUBGRANTEE for purpose of set-off until such time <br />as the exact amount of damages due the AGENCYlGRANTEE 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 <br />original of this Agreement. <br />(b) The name and address of the AGENCY/GRANTEE contract manager for <br />this Agreement is: <br />Gavin P. Smith, Assistant Director, Hazard Mitigation Section <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 />Hurricane Floyd Property Acquisition & Relocation Agreement Page 9 HFPAR-4292-0067 Orange County <br />