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l~ <br />of flte RECIPIENTISLTBGRANTEE at any time druing the term of <br />this Agreement from the financial condition revealed in any reports <br />filed or to be filed with the AGENCY/GRANTEE, and the <br />RECIPIENT/ SUBGRANIEE fails to cure said material adverse <br />change within thirty (.30) days ftom the time the date written notice <br />is sent by the AGENCY/GRANTE:E; <br />If any reports required by this Agreement have not been submitted <br />to the AGENCY/GRANTEE or have been submitted with incorrect, <br />incomplete of insufficient information; <br />If flee RECIPIENT'/SLTBGRANIEE has failed to perform acrd <br />complete in timely fashion aqy of the services requited under the <br />Budget and Scope of Woxk attached hereto as "Attachment A" <br />If the necessary funds are not available to fund this agreement as a <br />result of action by Congress, the N C Legislatrue, or the Office of <br />State Budget and Management <br />(b) Llpon the happening of an Event of Default, then the AGENCY/ <br />GRANTEE may, at its option, upon written notice to the RECIPIENI/ <br />SLTBGRANTEE and upon the RECIPIENT/ St.JI3GRANTEE's faihue to <br />timely cure, exercise any one or more of the following remedies, either <br />concturently ox consecutively, and the pursuit of any one of the following <br />remedies shall not preclude the AGENCY/GRANTEE^. from pursuing any <br />other remedies contained herein or otherwise provided at law or in equity: <br />Terminate this Agreement, provided that the 12E('IPIENT/ <br />SUBGRANTEE is given at least fifteen (15) clays prior written <br />notice of such termination The notice shall be effective when <br />placed in the United States mail, first class mail, postage prepaid, by <br />registered or certified mail return receipt requested, to the address <br />set forth in paragraph (12) herein; <br />Commence ut appropriate legal or equitable action to enforce <br />performance of this Agreement; <br />Withhold or suspend payment of all or any part of a request for <br />payment; <br />4 Exercise any other rights or remedies which may otherwise be <br />available under law. <br />(c) the AGENCY/GRANTEE may terminate this Agreement for cause upon <br />such written notice to RECII'IENI/SUBGRANIEE of such termination <br />rfazard Nlltigatton Pagc 8 REMA-UTi-1490.OOOi Orange County <br />Grnot Agreement <br />