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_____________________________________________________________________________ <br />State Centric MOA 4393-0083-F Orange County <br /> <br />9 <br /> <br />1. Terminate this Agreement, provided that the County is given at <br />least fifteen (15) days prior written notice of such termination. The <br />notice shall be effective when placed in the United States mail, <br />first class mail, postage prepaid, by registered or certified mail <br />return receipt requested, to the address set forth in paragraph (12) <br />herein; <br /> <br />2. Commence an appropriate legal or equitable action to enforce <br />performance of this Agreement; <br /> <br />3. Withhold or suspend payment of all or any part of a request for <br />payment; <br /> <br />4. Exercise any other rights or remedies which may otherwise be <br />available under law. <br /> <br />(c) The State may terminate this Agreement for cause upon such written <br />notice to the County of such termination and specifying the effective date <br />thereof, at least one (1) day before the effective date of termination. <br />Cause shall include, but not be limited to, misrepresentation in the grant <br />application, misuse of funds; fraud; lack of compliance with applicable <br />rules, laws and regulations; failure to perform in a timely manner, and <br />refusal by the County to permit public access to any document, paper, <br />letter, or other material subject to disclosure under N.C. General Statutes. <br /> <br />(d) Suspension or termination constitutes final State action. Notification of <br />suspension or termination shall include notice of administrative hearing <br />rights and time frames. <br /> <br />(e) The County shall return funds to the State if found in non-compliance with <br />laws, rules, regulations governing the use of the funds or this Agreement. <br /> <br />(f) Notwithstanding the above, the County shall not be relieved of liability to <br />the State by virtue of any breach of Agreement by the County. The State <br />may, to the extent authorized by law, withhold any payments to the <br />County for purpose of set-off until such time as the exact amount of <br />damages due the State from the County is determined. <br /> <br />(12) OTHER PROVISIONS <br /> <br />(a) The validity of this Agreement is subject to the truth and accuracy of all <br />the information, representations, and materials submitted or provided by <br />the County, in the Application, in any subsequent submission or response <br />to the State request, or any submission or response to fulfill the <br />requirements of this Agreement, and such information, representations, <br />DocuSign Envelope ID: 9080716C-121D-4F19-9E12-FB2684335DF5DocuSign Envelope ID: A02EDAA0-6072-4731-9C1B-857DF9D747A3