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<br /> <br />Hazard Mitigation Page 8 FEMA-DR-4393-0042 Orange County <br />Grant Agreement <br />immunity by any RECIPIENT/ SUBGRANTEE to which sovereign <br />immunity applies. Nothing herein shall be construed as consent by a state <br />agency or subdivision of the State of North Carolina to be sued by third <br />parties in any matter arising out of any contract. <br /> <br />(11) DEFAULT: REMEDIES: TERMINATION <br /> <br />(a) If any of the following events occur ("Events of Default"), all obligations <br />on the part of the AGENCY/GRANTEE to make any further payment of <br />funds hereunder shall, if the AGENCY/ GRANTEE so elects, terminate, <br />and the AGENCY/GRANTEE may at its option exercise any of its <br />remedies set forth herein, but the AGENCY/GRANTEE may make any <br />payments or parts of payments after the happening of any Events of Default <br />without thereby waiving the right to exercise such remedies, and without <br />becoming liable to make any further payment: <br /> <br />1. If any warranty or representation made by the RECIPIENT/ <br />SUBGRANTEE in this Agreement or any previous Agreement with <br />the AGENCY/GRANTEE shall at any time be false or misleading <br />in any respect, or if the RECIPIENT/SUBGRANTEE shall fail to <br />keep, observe or perform any of the terms or covenants contained in <br />this Agreement or any previous agreement with the AGENCY/ <br />GRANTEE and has not cured such in timely fashion, or is unable or <br />unwilling to meet its obligations thereunder; <br /> <br />2. If any material adverse change shall occur in the financial condition <br />of the RECIPIENT/SUBGRANTEE at any time during 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/ SUBGRANTEE fails to cure said material adverse <br />change within thirty (30) days from the time the date written notice <br />is sent by the AGENCY/GRANTEE; <br /> <br />3. If any reports required by this Agreement have not been submitted <br />to the AGENCY/GRANTEE or have been submitted with incorrect, <br />incomplete or insufficient information; <br /> <br />4. If the RECIPIENT/SUBGRANTEE has failed to perform and <br />complete in timely fashion any of the services required under the <br />Budget and Scope of Work attached hereto as "Attachment A". <br /> <br />5. If the necessary funds are not available to fund this agreement as a <br />result of action by the United States Congress, the N.C. General <br />Assembly, or the Office of State Budget and Management. <br /> <br />DocuSign Envelope ID: 26D0940B-F66D-4866-9C70-60056804E991DocuSign Envelope ID: B94E5F6B-897F-4461-A479-96F4BF459906DocuSign Envelope ID: 72D7F019-9C12-4921-8125-FCF8032A7011