Default and Remedies. 1. If any of the events listed in subparagraph 2. of this section occur, all obligations on the part of Florida Housing to continue doing business with Grantee or assign any future transaction to Grantee shall, if Florida Housing so elects, terminate and Florida Housing may, at its option, exercise any of its remedies set forth herein, or as otherwise provided by law. However, Florida Housing may continue doing business with the Grantee as a participant after the happening of any event listed in subparagraph 2. of this section without waiving the right to exercise such remedies, without constituting a course of dealing, and without becoming liable to include the Grantee in the transaction or any future transaction. 2. The Events of Default shall include, but not be limited to, the following: a. If any report, information or representation provided by Grantee in this Agreement is inaccurate, false or misleading in any respect; b. If any warranty or representation made by Grantee in this Agreement or any other outstanding agreement with Florida Housing is deemed by Florida Housing to be inaccurate, false or misleading in any respect; c. If Grantee fails to keep, observe, or perform any of the terms or covenants contained in this Agreement, or is unable or unwilling to meet its obligations as defined in this Agreement; d. If, in the sole discretion of Florida Housing, Grantee has failed to perform or complete any of the services identified in the attachments; e. If Grantee has not complied with all Florida laws, federal laws, Florida Housing rules or Florida Housing policies applicable to the work; f. If Grantee has discriminated on the grounds of race, color, religion, sex, national origin, or disability in violation of this Agreement; g. If Grantee does not comply with the terms and conditions set forth in Section 420.512(5), Fla. Stat.; h. If Grantee commits fraud in the performance of its obligations under this Agreement; or i. If Grantee refuses to permit public access to any document, paper, letter, computer files, or other material subject to disclosure under Florida’s Public Records Law. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing will provide written notice of the Default detailing the grounds that constitute the Event of Default. 3. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing may provide Grantee a reasonable period of time to cure the Event of Default (Cure Period). If Florida Housing provides a Cure Period, Florida Housing will notify the Grantee of the length of the Cure Period in the Notice of Default. 4. If Florida Housing provides a Cure Period and if the Grantee is unable or unwilling to cure the Event of Default within the Cure Period, Florida Housing may exercise any remedy permitted by law. The pursuit of any one of the following remedies shall not preclude Florida Housing from pursuing any other remedies contained herein or otherwise provided at law or in equity. The remedies include, but are not limited to the following: a. Florida Housing may terminate the Agreement on the 10th day after Grantee receives the Notice of Default or upon the conclusion of any applicable Cure Period, whichever is later; b. Florida Housing may commence an appropriate legal or equitable action to enforce performance of the terms and conditions of this Agreement; c. Florida Housing may exercise any corrective or remedial actions including, but not limited to, requesting additional information from Grantee to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Grantee to suspend, discontinue or refrain from incurring fees or costs for any activities in question or requiring the Grantee to reimburse Florida Housing for the amount of costs incurred; or d. Florida Housing may exercise any other rights or remedies that may be otherwise available under law.
Appears in 232 contracts
Samples: Funding Agreement, Funding Agreement, Funding Agreement
Default and Remedies. 1. If any of the events listed in subparagraph 2. of this section occur, all obligations on the part of Florida Housing to continue doing business with Grantee Subrecipient or assign any future transaction to Grantee Subrecipient shall, if Florida Housing so elects, terminate and Florida Housing may, at its option, exercise any of its remedies set forth herein, or as otherwise provided by law. However, Florida Housing may continue doing business with the Grantee Subrecipient as a participant after the happening of any event listed in subparagraph 2. of this section without waiving the right to exercise such remedies, without constituting a course of dealing, and without becoming liable to include the Grantee Subrecipient in the transaction or any future transaction.
2. The Events of Default shall include, but not be limited to, the following:
a. If any report, information or representation provided by Grantee Subrecipient in this Agreement Contract is inaccurate, false or misleading in any respect;
b. If any warranty or representation made by Grantee Subrecipient in this Agreement Contract or any other outstanding agreement with Florida Housing is deemed by Florida Housing to be inaccurate, false or misleading in any respect;
c. If Grantee Subrecipient fails to keep, observe, or perform any of the terms or covenants contained in this AgreementContract, or is unable or unwilling to meet its obligations as defined in this AgreementContract;
d. If, in the sole discretion of Florida Housing, Grantee Subrecipient has failed to perform or complete any of the services identified in the attachments;
e. If Grantee Subrecipient has not complied with all Florida laws, federal laws, Florida Housing rules or Florida Housing policies applicable to the work;
f. If Grantee Subrecipient has discriminated on the grounds of race, color, religion, sex, national origin, or disability in violation of this Agreementperforming any service identified in the attachments;
g. If Grantee Subrecipient does not comply with the terms and conditions set forth in Section 420.512(5), Fla. Stat.;
h. If Grantee Subrecipient commits fraud in the performance of its obligations under this AgreementContract; or
i. If Grantee Subrecipient refuses to permit public access to any document, paper, letter, computer files, or other material subject to disclosure under Florida’s Public Records Law. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing will provide written notice of the Default detailing the grounds that constitute the Event of Default.
3. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing may provide Grantee Subrecipient a reasonable period of time to cure the Event of Default (Cure Period). If Florida Housing provides a Cure Period, Florida Housing will notify the Grantee Subrecipient of the length of the Cure Period in the Notice of Default.
4. If Florida Housing provides a Cure Period and if the Grantee Subrecipient is unable or unwilling to cure the Event of Default within the Cure Period, Florida Housing may exercise any remedy permitted by law. The pursuit of any one of the following remedies shall not preclude Florida Housing from pursuing any other remedies contained herein or otherwise provided at law or in equity. The remedies include, but are not limited to the following:
a. Florida Housing may terminate the Agreement Contract on the 10th day after Grantee Subrecipient receives the Notice of Default or upon the conclusion of any applicable Cure Period, whichever is later;
b. Florida Housing may commence an appropriate legal or equitable action to enforce performance of the terms and conditions of this AgreementContract;
c. Florida Housing may exercise any corrective or remedial actions including, but not limited to, requesting additional information from Grantee Subrecipient to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Grantee Subrecipient to suspend, discontinue or refrain from incurring fees or costs for any activities in question or requiring the Grantee Subrecipient to reimburse Florida Housing for the amount of costs incurred; or
d. Florida Housing may exercise any other rights or remedies that may be otherwise available under law.
Appears in 18 contracts
Samples: Subrecipient Agreement, Subrecipient Agreement, Subrecipient Agreement
Default and Remedies. 1. If any of the events listed in subparagraph 2. of this section occur, all obligations on the part of Florida Housing to continue doing business with Grantee the Contractor or assign any future transaction to Grantee the Contractor shall, if Florida Housing so elects, terminate and Florida Housing may, at its option, exercise any of its remedies set forth herein, or as otherwise provided by law. However, Florida Housing may continue doing business with the Grantee Contractor as a participant after the happening of any event listed in subparagraph 2. of this section without waiving the right to exercise such remedies, without constituting a course of dealing, and without becoming liable to include the Grantee Contractor in the transaction or any future transaction.
2. The Events of Default shall include, but not be limited to, the following:
a. If any report, information or representation provided by Grantee the Contractor in this Agreement Contract is inaccurate, false or misleading in any respect;
b. If any warranty or representation made by Grantee the Contractor in this Agreement Contract or any other outstanding agreement with Florida Housing is deemed by Florida Housing to be inaccurate, false or misleading in any respect;
c. If Grantee the Contractor fails to keep, observe, or perform any of the terms or covenants contained in this AgreementContract, or is unable or unwilling to meet its obligations as defined in this AgreementContract;
d. If, in the sole discretion of Florida Housing, Grantee the Contractor has failed to perform or complete any of the services identified in the attachments;
e. If Grantee the Contractor has not complied with all Florida laws, federal laws, Florida Housing rules or Florida Housing policies applicable to the work;
f. If Grantee the Contractor has discriminated on the grounds of race, color, religion, sex, national origin, or disability in violation of this Agreementperforming any service identified in the attachments;
g. If Grantee the Contractor does not comply with the terms and conditions set forth in Section 420.512(5), Fla. Stat.;
h. If Grantee the Contractor commits fraud in the performance of its obligations under this AgreementContract; or
i. If Grantee the Contractor refuses to permit public access to any document, paper, letter, computer files, or other material subject to disclosure under Florida’s Public Records Law. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing will provide written notice of the Default detailing the grounds that constitute the Event of Default (Notice of Default), delivered by courier service or electronic mail to the address set forth in Section J, Administration of Contract, herein.
3. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing may provide Grantee the Contractor a reasonable period of time to cure the Event of Default (Cure Period). If Florida Housing provides a Cure Period, Florida Housing will notify the Grantee Contractor of the length of the Cure Period in the Notice of Default.
4. If Florida Housing provides a Cure Period and if the Grantee Contractor is unable or unwilling to cure the Event of Default within the Cure Period, Florida Housing may exercise any remedy permitted by law. The pursuit of any one of the following remedies shall not preclude Florida Housing from pursuing any other remedies contained herein or otherwise provided at law or in equity. The remedies include, but are not limited to the following:
a. Florida Housing may terminate the Agreement Contract on the 10th tenth (10th) day after Grantee the Contractor receives the Notice of Default or upon the conclusion of any applicable Cure Period, whichever is later;
b. Florida Housing may commence an appropriate legal or equitable action to enforce performance of the terms and conditions of this AgreementContract;
c. Florida Housing may exercise any corrective or remedial actions including, but not limited to, requesting additional information from Grantee the Contractor to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Grantee Contractor to suspend, discontinue or refrain from incurring fees or costs for any activities in question or requiring the Grantee Contractor to reimburse Florida Housing for the amount of costs incurred; or
d. Florida Housing may exercise any other rights or remedies that may be otherwise available under law.
Appears in 9 contracts
Samples: Contract for Affordable Housing Catalyst Program Services, Contract for Website Support Services, Contract for Advanced Website Support Services
Default and Remedies. 1. If any of the events listed in subparagraph 2. of this section occur, all obligations on the part of Florida Housing to continue doing business with Grantee or assign any future transaction to Grantee shall, if Florida Housing so elects, terminate and Florida Housing may, at its option, exercise any of its remedies set forth herein, or as otherwise provided by law. However, Florida Housing may continue doing business with the Grantee as a participant after the happening of any event listed in subparagraph 2. of this section without waiving the right to exercise such remedies, without constituting a course of dealing, and without becoming liable to include the Grantee in the transaction or any future transaction.
2. The Events of Default shall include, but not be limited to, the following:
a. If any report, information or representation provided by Grantee in this Agreement is inaccurate, false or misleading in any respect;
b. If any warranty or representation made by Grantee in this Agreement or any other outstanding agreement with Florida Housing is deemed by Florida Housing to be inaccurate, false or misleading in any respect;
c. If Grantee fails to keep, observe, or perform any of the terms or covenants contained in this Agreement, or is unable or unwilling to meet its obligations as defined in this Agreement;
d. If, in the sole discretion of Florida Housing, Grantee has failed to perform or complete any of the services identified in the attachments;
e. If Grantee has not complied with all Florida laws, federal laws, Florida Housing rules or Florida Housing policies applicable to the work;
f. If Grantee has discriminated on the grounds of race, color, religion, sex, national origin, or disability in performing any service in violation of this Agreementagreement;
g. If Grantee does not comply with the terms and conditions set forth in Section 420.512(5), Fla. Stat.;
h. If Grantee commits fraud in the performance of its obligations under this Agreement; or
i. If Grantee refuses to permit public access to any document, paper, letter, computer files, or other material subject to disclosure under Florida’s Public Records Law. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing will provide written notice of the Default detailing the grounds that constitute the Event of Default.
3. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing may provide Grantee a reasonable period of time to cure the Event of Default (Cure Period). If Florida Housing provides a Cure Period, Florida Housing will notify the Grantee of the length of the Cure Period in the Notice of Default.
4. If Florida Housing provides a Cure Period and if the Grantee is unable or unwilling to cure the Event of Default within the Cure Period, Florida Housing may exercise any remedy permitted by law. The pursuit of any one of the following remedies shall not preclude Florida Housing from pursuing any other remedies contained herein or otherwise provided at law or in equity. The remedies include, but are not limited to the following:
a. Florida Housing may terminate the Agreement on the 10th day after Grantee receives the Notice of Default or upon the conclusion of any applicable Cure Period, whichever is later;
b. Florida Housing may commence an appropriate legal or equitable action to enforce performance of the terms and conditions of this Agreement;
c. Florida Housing may exercise any corrective or remedial actions including, but not limited to, requesting additional information from Grantee to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Grantee to suspend, discontinue or refrain from incurring fees or costs for any activities in question or requiring the Grantee to reimburse Florida Housing for the amount of costs incurred; or
d. Florida Housing may exercise any other rights or remedies that may be otherwise available under law.
Appears in 6 contracts
Samples: Grant Agreement, Agreement Number 658 2020, Grant Agreement
Default and Remedies. 1. If any of the events listed in subparagraph 2. of this section occur, all obligations on the part of Florida Housing to continue doing business with Grantee Special Counsel or assign any future transaction to Grantee Special Counsel shall, if Florida Housing so elects, terminate and Florida Housing may, at its option, exercise any of its remedies set forth herein, or as otherwise provided by law. However, Florida Housing may continue doing business with the Grantee Special Counsel as a participant after the happening of any event listed in subparagraph 2. of this section without waiving the right to exercise such remedies, without constituting a course of dealing, and without becoming liable to include the Grantee Special Counsel in the transaction or any future transaction.
2. The Events of Default shall include, but not be limited to, the following:
a. If any report, information or representation provided by Grantee Special Counsel in this Agreement Contract is inaccurate, false or misleading in any respect;
b. If any warranty or representation made by Grantee Special Counsel in this Agreement Contract or any other outstanding agreement with Florida Housing is deemed by Florida Housing to be inaccurate, false or misleading in any respect;
c. If Grantee Special Counsel fails to keep, observe, or perform any of the terms or covenants contained in this AgreementContract, or is unable or unwilling to meet its obligations as defined in this AgreementContract;
d. If, in the sole discretion of Florida Housing, Grantee Special Counsel has failed to perform or complete any of the services identified in the attachments;
e. If Grantee Special Counsel has not complied with all Florida laws, federal laws, Florida Housing rules or Florida Housing policies applicable to the work;
f. If Grantee Special Counsel has discriminated on the grounds of race, color, religion, sex, national origin, or disability in violation of this Agreementperforming any service identified in the attachments;
g. If Grantee Special Counsel does not comply with the terms and conditions set forth in Section 420.512(5), Fla. Stat.;
h. If Grantee Special Counsel commits fraud in the performance of its obligations under this AgreementContract; or
i. If Grantee Special Counsel refuses to permit public access to any document, paper, letter, computer files, or other material subject to disclosure under Florida’s Public Records Law. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing will provide written notice of the Default detailing the grounds that constitute the Event of Default (Notice of Default), delivered by courier service or electronic mail to the address set forth in Section J, Administration of Contract, herein.
3. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing may provide Grantee Special Counsel a reasonable period of time to cure the Event of Default (Cure Period). If Florida Housing provides a Cure Period, Florida Housing will notify the Grantee Special Counsel of the length of the Cure Period in the Notice of Default.
4. If Florida Housing provides a Cure Period and if the Grantee Special Counsel is unable or unwilling to cure the Event of Default within the Cure Period, Florida Housing may exercise any remedy permitted by law. The pursuit of any one of the following remedies shall not preclude Florida Housing from pursuing any other remedies contained herein or otherwise provided at law or in equity. The remedies include, but are not limited to the following:
a. Florida Housing may terminate the Agreement Contract on the 10th tenth (10th) day after Grantee Special Counsel receives the Notice of Default or upon the conclusion of any applicable Cure Period, whichever is later;
b. Florida Housing may commence an appropriate legal or equitable action to enforce performance of the terms and conditions of this AgreementContract;
c. Florida Housing may exercise any corrective or remedial actions including, but not limited to, requesting additional information from Grantee Special Counsel to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Grantee Special Counsel to suspend, discontinue or refrain from incurring fees or costs for any activities in question or requiring the Grantee Special Counsel to reimburse Florida Housing for the amount of costs incurred; or
d. Florida Housing may exercise any other rights or remedies that may be otherwise available under law.
Appears in 4 contracts
Samples: Contract for Special Counsel Services, Contract for Special Counsel Services, Contract for Special Counsel Services
Default and Remedies. 1. If any of the events listed in subparagraph 2. of this section occur, all obligations on the part of Florida Housing to continue doing business with Grantee or assign any future transaction to Grantee shall, if Florida Housing so elects, terminate and Florida Housing may, at its option, exercise any of its remedies set forth herein, or as otherwise provided by law. However, Florida Housing may continue doing business with the Grantee as a participant after the happening of any event listed in subparagraph 2. of this section without waiving the right to exercise such remedies, without constituting a course of dealing, and without becoming liable to include the Grantee in the transaction or any future transaction.
2. The Events of Default shall include, but not be limited to, the following:
a. If any report, information or representation provided by Grantee in this Agreement is inaccurate, false or misleading in any respect;
b. If any warranty or representation made by Grantee in this Agreement or any other outstanding agreement with Florida Housing is deemed by Florida Housing to be inaccurate, false or misleading in any respect;
c. If Grantee fails to keep, observe, or perform any of the terms or covenants contained in this Agreement, or is unable or unwilling to meet its obligations as defined in this Agreement;
d. If, in the sole discretion of Florida Housing, Grantee has failed to perform or complete any of the services identified in the attachments;
e. If Grantee has not complied with all Florida laws, federal laws, Florida Housing rules or Florida Housing policies applicable to the work;
f. If Grantee has discriminated on the grounds of race, color, religion, sex, national origin, or disability in violation of this Agreement;
g. If Grantee does not comply with the terms and conditions set forth in Section 420.512(5), Fla. Stat.;
h. If Grantee commits fraud in the performance of its obligations under this Agreement; or
i. If Grantee refuses to permit public access to any document, paper, letter, computer files, or other material subject to disclosure under Florida’s Public Records Law. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing will provide written notice of the Default detailing the grounds that constitute the Event of Default.
3. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing may provide Grantee a reasonable period of time to cure the Event of Default (Cure Period). If Florida Housing provides a Cure Period, Florida Housing will notify the Grantee of the length of the Cure Period in the Notice of Default.
4. If Florida Housing provides a Cure Period and if the Grantee is unable or unwilling to cure the Event of Default within the Cure Period, Florida Housing may exercise any remedy permitted by law. The pursuit of any one of the following remedies shall not preclude Florida Housing from pursuing any other remedies contained herein or otherwise provided at law or in equity. The remedies include, but are not limited to the following:
a. Florida Housing may terminate the Agreement on the 10th day after Grantee receives the Notice of Default or upon the conclusion of any applicable Cure Period, whichever is later;
b. Florida Housing may commence an appropriate legal or equitable action to enforce performance of the terms and conditions of this Agreement;
c. Florida Housing may exercise any corrective or remedial actions including, but not limited to, requesting additional information from Grantee to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Grantee to suspend, discontinue or refrain from incurring fees or costs for any activities in question or requiring the Grantee to reimburse Florida Housing for the amount of costs incurred; or
d. Florida Housing may exercise any other rights or remedies that may be otherwise available under law.
Appears in 3 contracts
Samples: Funding Agreement, Funding Agreement, Funding Agreement
Default and Remedies. 1. If any of the events listed in subparagraph 2. of this section occur, all obligations on the part of Florida Housing to continue doing business with Grantee Subrecipient or assign any future transaction to Grantee Subrecipient shall, if Florida Housing so elects, terminate and Florida Housing may, at its option, exercise any of its remedies set forth herein, or as otherwise provided by law. However, Florida Housing may continue doing business with the Grantee Subrecipient as a participant after the happening of any event listed in subparagraph 2. of this section without waiving the right to exercise such remedies, without constituting a course of dealing, and without becoming liable to include the Grantee Subrecipient in the transaction or any future transaction.
2. The Events of Default shall include, but not be limited to, the following:
a. If any report, information or representation provided by Grantee Subrecipient in this Agreement Contract is inaccurate, false or misleading in any respect;
b. If any warranty or representation made by Grantee Subrecipient in this Agreement Contract or any other outstanding agreement with Florida Housing is deemed by Florida Housing to be inaccurate, false or misleading in any respect;
c. If Grantee Subrecipient fails to keep, observe, or perform any of the terms or covenants contained in this AgreementContract, or is unable or unwilling to meet tomeet its obligations as defined in this AgreementContract;
d. If, in the sole discretion of Florida Housing, Grantee Subrecipient has failed to perform or complete any of the services identified in the attachments;
e. If Grantee Subrecipient has not complied with all Florida laws, federal laws, Florida Housing rules or Florida Housing policies applicable to the work;
f. If Grantee Subrecipient has discriminated on the grounds of race, color, religion, sex, national origin, or disability in violation of this Agreementperforming any service identified in the attachments;
g. If Grantee Subrecipient does not comply with the terms and conditions set forth in Section 420.512(5), Fla. Stat.;
h. If Grantee Subrecipient commits fraud in the performance of its obligations under this AgreementContract; or
i. If Grantee Subrecipient refuses to permit public access to any document, paper, letter, computer files, or other material subject to disclosure under Florida’s Public Records Law. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing will provide written notice of the Default detailing the grounds that constitute the Event of Default.
3. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing may provide Grantee Subrecipient a reasonable period of time to cure the Event of Default (Cure Period). If Florida Housing provides a Cure Period, Florida Housing will notify the Grantee Subrecipient of the length of the Cure Period in the Notice of Default.
4. If Florida Housing provides a Cure Period and if the Grantee Subrecipient is unable or unwilling to cure the Event of Default within the Cure Period, Florida Housing may exercise any remedy permitted by law. The pursuit of any one of the following remedies shall not preclude Florida Housing from pursuing any other remedies contained herein or otherwise provided at law or in equity. The remedies include, but are not limited to the following:
a. Florida Housing may terminate the Agreement Contract on the 10th day after Grantee Subrecipient receives the Notice of Default or upon the conclusion of any applicable Cure Period, whichever is later;
b. Florida Housing may commence an appropriate legal or equitable action to enforce performance of the terms and conditions of this AgreementContract;
c. Florida Housing may exercise any corrective or remedial actions including, but not limited to, requesting additional information from Grantee Subrecipient to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Grantee Subrecipient to suspend, discontinue or refrain from incurring fees or costs for any activities in question or requiring the Grantee Subrecipient to reimburse Florida Housing for the amount of costs incurred; or
d. Florida Housing may exercise any other rights or remedies that may be otherwise available under law.
Appears in 2 contracts
Samples: Subrecipient Agreement, Subrecipient Agreement
Default and Remedies. 1. If any of the events listed in subparagraph 2. of this section occur, all obligations on the part of Florida Housing to continue doing business with Grantee the Bond Counsel or assign any future transaction to Grantee the Bond Counsel shall, if Florida Housing so elects, terminate and Florida Housing may, at its option, exercise any of its remedies set forth herein, or as otherwise provided by law. However, Florida Housing may continue doing business with the Grantee Bond Counsel as a participant after the happening of any event listed in subparagraph 2. of this section without waiving the right to exercise such remedies, without constituting a course of dealing, and without becoming liable to include the Grantee Bond Counsel in the transaction or any future transaction.
2. The Events of Default shall include, but not be limited to, the following:
a. If any report, information or representation provided by Grantee the Bond Counsel in this Agreement Contract is inaccurate, false or misleading in any respect;
b. If any warranty or representation made by Grantee the Bond Counsel in this Agreement Contract or any other outstanding agreement with Florida Housing is deemed by Florida Housing to be inaccurate, false or misleading in any respect;
c. If Grantee the Bond Counsel fails to keep, observe, or perform any of the terms or covenants contained in this AgreementContract, or is unable or unwilling to meet its obligations as defined in this AgreementContract;
d. If, in the sole discretion of Florida Housing, Grantee the Bond Counsel has failed to perform or complete any of the services identified in the attachments;
e. If Grantee the Bond Counsel has not complied with all Florida laws, federal laws, Florida Housing rules or Florida Housing policies applicable to the work;
f. If Grantee the Bond Counsel has discriminated on the grounds of race, color, religion, sex, national origin, or disability in violation of this Agreementperforming any service identified in the attachments;
g. If Grantee the Bond Counsel does not comply with the terms and conditions set forth in Section 420.512(5), Fla. Stat.;
h. If Grantee the Bond Counsel commits fraud in the performance of its obligations under this AgreementContract; or
i. If Grantee the Bond Counsel refuses to permit public access to any document, paper, letter, computer files, or other material subject to disclosure under Florida’s Public Records Law. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing will provide written notice of the Default detailing the grounds that constitute the Event of Default (Notice of Default), delivered by courier service or electronic mail to the address set forth in Section J, Administration of Contract, herein.
3. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing may provide Grantee the Bond Counsel a reasonable period of time to cure the Event of Default (Cure Period). If Florida Housing provides a Cure Period, Florida Housing will notify the Grantee Bond Counsel of the length of the Cure Period in the Notice of Default.
4. If Florida Housing provides a Cure Period and if the Grantee Bond Counsel is unable or unwilling to cure the Event of Default within the Cure Period, Florida Housing may exercise any remedy permitted by law. The pursuit of any one of the following remedies shall not preclude Florida Housing from pursuing any other remedies contained herein or otherwise provided at law or in equity. The remedies include, but are not limited to the following:
a. Florida Housing may terminate the Agreement Contract on the 10th tenth (10th) day after Grantee the Bond Counsel receives the Notice of Default or upon the conclusion of any applicable Cure Period, whichever is later;
b. Florida Housing may commence an appropriate legal or equitable action to enforce performance of the terms and conditions of this AgreementContract;
c. Florida Housing may exercise any corrective or remedial actions including, but not limited to, requesting additional information from Grantee the Bond Counsel to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Grantee Bond Counsel to suspend, discontinue or refrain from incurring fees or costs for any activities in question or requiring the Grantee Bond Counsel to reimburse Florida Housing for the amount of costs incurred; or
d. Florida Housing may exercise any other rights or remedies that may be otherwise available under law.
Appears in 2 contracts
Samples: Contract for Bond Counsel Services, Bond Counsel Services Agreement
Default and Remedies. 1. If any of the events listed in subparagraph 2. of this section occur, all obligations on the part of Florida Housing to continue doing business with Grantee Subrecipient or assign any future transaction to Grantee Subrecipient shall, if Florida Housing so elects, terminate and Florida Housing may, at its option, exercise any of its remedies set forth herein, or as otherwise provided by law. However, Florida Housing may continue doing business with the Grantee Subrecipient as a participant after the happening of any event listed in subparagraph 2. of this section without waiving the right to exercise such remedies, without constituting a course of dealing, and without becoming liable to include the Grantee Subrecipient in the transaction or any future transaction.
2. The Events of Default shall include, but not be limited to, the following:
a. If any report, information or representation provided by Grantee Subrecipient in this Agreement Contract is inaccurate, false or misleading in any respect;
b. If any warranty or representation made by Grantee Subrecipient in this Agreement Contract or any other outstanding agreement with Florida Housing is deemed by Florida Housing to be inaccurate, false or misleading in any respect;
c. If Grantee Subrecipient fails to keep, observe, or perform any of the terms or covenants contained in this AgreementContract, or is unable or unwilling to meet tomeet its obligations as defined in this AgreementContract;
d. If, in the sole discretion of Florida Housing, Grantee Subrecipient has failed to perform or complete any of the services identified in the attachments;
e. If Grantee Subrecipient has not complied with all Florida laws, federal laws, Florida Housing rules or Florida Housing policies applicable to the work;
f. If Grantee Subrecipient has discriminated on the grounds of race, color, religion, sex, national origin, or disability in violation of this Agreementperforming any service identified in the attachments;
g. If Grantee Subrecipient does not comply with the terms and conditions set forth in Section 420.512(5), Fla. Stat.;
h. If Grantee Subrecipient commits fraud in the performance of its obligations under this AgreementContract; or
i. If Grantee Subrecipient refuses to permit public access to any document, paper, letter, computer files, or other material subject to disclosure under Florida’s Public Records Law. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing will provide written notice of the Default detailing the grounds that constitute the Event of Default.
3. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing may provide Grantee Subrecipient a reasonable period of time to cure the Event of Default (Cure Period). If Florida Housing provides a Cure Period, Florida Housing will notify the Grantee Subrecipient of the length of the Cure Period in the Notice of Default.
4. If Florida Housing provides a Cure Period and Periodand if the Grantee Subrecipient is unable or unwilling to cure the Event of Default within the Cure Period, Florida Housing may exercise any remedy permitted by law. The pursuit of any one of the following remedies shall not preclude Florida Housing from pursuing any other remedies contained herein or otherwise provided at law or in equity. The remedies include, but are not limited to the following:
a. Florida Housing may terminate the Agreement Contract on the 10th day after Grantee Subrecipient receives the Notice of Default or upon the conclusion of any applicable Cure Period, whichever is later;
b. Florida Housing may commence an appropriate legal or equitable action to enforce performance of the terms and conditions of this AgreementContract;
c. Florida Housing may exercise any corrective or remedial actions including, but not limited to, requesting additional information from Grantee Subrecipient to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Grantee Subrecipient to suspend, discontinue or refrain from incurring fees or costs for any activities in question or requiring the Grantee Subrecipient to reimburse Florida Housing for the amount of costs incurred; or
d. Florida Housing may exercise any other rights or remedies that may be otherwise available under law.
Appears in 2 contracts
Samples: Subrecipient Agreement, Subrecipient Agreement
Default and Remedies. 1. (a) If any of the events listed in subparagraph 2. 8 (b) (Events of this section Default) occur, all obligations on the part of Florida Housing to continue doing business with Grantee the HCA or assign any future transaction to Grantee the HCA shall, if Florida Housing so elects, terminate and Florida Housing may, at its option, exercise any of its remedies set forth herein, or as otherwise provided by law. However, Florida Housing may continue doing business with the Grantee HCA as a participant after the happening of any event listed in subparagraph 2. of this section 8 (b) without waiving the right to exercise such remedies, without constituting a course of dealing, and without becoming liable to include the Grantee HCA in the transaction or any future final transaction.
2. The (b) Events of Default shall include, but not be limited to, the following:: Contract # 2013-02-01-061 Foreclosure Counseling Program (FCP) Program HCA Contract (June 2013)
a. i. If any report, information information, representation or representation material provided by Grantee the HCA in this Agreement Contract, is inaccurate, false or misleading in any respectmisleading;
b. ii. If any warranty or representation made by Grantee the HCA in this Agreement Contract, or any other outstanding agreement with Florida Housing Housing, is deemed by Florida Housing to be inaccurate, false or misleading in any respect;
c. iii. If Grantee the HCA fails to keep, observe, or perform any of the terms or covenants contained in this AgreementContract, or is unable or unwilling to meet its obligations as defined in this AgreementContract;
d. iv. If, in the sole discretion of Florida Housing, Grantee the HCA has failed to perform or complete any of the services identified in the attachmentsthis Contract;
e. v. If Grantee the HCA has not complied with all Florida laws, federal Federal laws, Florida Housing rules or Florida Housing policies applicable to the workwork or services to be provided under this Contract;
f. vi. If Grantee has discriminated the HCA permits or engages in discrimination against any Applicant on the grounds of any prohibited basis, including, but not limited to, gender, race, religion, color, religion, sexfamilial status, national origin, ancestry, creed, pregnancy, martial or parental status, sexual orientation, or physical, mental, emotional or learning disability in violation of performing any service identified in this AgreementContract;
g. vii. If Grantee the HCA does not comply with the terms and conditions set forth in Section 420.512(5), Fla. Stat.;
h. viii. If Grantee the HCA commits fraud or engages in activities deemed fraudulent or misleading by Florida Housing;
ix. If the performance of its obligations under this Agreement; or
i. If Grantee HCA refuses to permit public access to any document, paper, letter, computer files, or other material subject to disclosure under Florida’s Public Records Law. ; or
x. If the HCA, or any of its staff, are listed on Florida Housing’s Past Due or Non- Compliance List (available on Florida Housing’s website).
(c) Upon the occurrence happening of any Event Events of Default listed in subparagraph 2. 8 (b) above, Florida Housing will provide written notice of the Default detailing the grounds that constitute the Event through first class certified mail, return receipt requested (Notice of Default), to the address set forth in paragraph 10 of this Contract.
3. (d) Upon the occurrence happening of any Event Events of Default listed in subparagraph 2. above8 (b), Florida Housing may provide Grantee the HCA a reasonable period of time to cure the Event of Default (Cure Period). If Florida Housing provides a Cure Period, Florida Housing will notify the Grantee HCA of the length of the Cure Period in the Notice of Default.. Contract # 2013-02-01-061 Foreclosure Counseling Program (FCP) Program HCA Contract (June 2013)
4. If (e) Upon the happening of any Event of Default, or if Florida Housing provides a Cure Period and if the Grantee HCA is unable or unwilling to cure the Event of Default within the Cure Period, Florida Housing may exercise any remedy permitted by law. The pursuit of any one of the following remedies shall not preclude Florida Housing from pursuing any other remedies contained herein or otherwise provided at law or in equity. The remedies include, but are not limited to the following:
a. i. Florida Housing may terminate the Agreement on the 10th day after Grantee receives the Notice of Default or upon the conclusion of any applicable Cure Period, whichever is laterContract;
b. ii. Florida Housing may commence an appropriate legal or equitable action to enforce performance of the terms and conditions of this AgreementContract;
c. iii. Florida Housing may exercise any corrective or remedial actions including, but not limited to, requesting additional information from Grantee the HCA to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Grantee HCA to suspend, discontinue or refrain from incurring fees or costs for any activities in question or requiring the Grantee HCA to reimburse Florida Housing for the amount of costs incurred; or
d. iv. Florida Housing may exercise any other rights or remedies that may be otherwise available under law.
Appears in 1 contract
Default and Remedies. 1. If any of the events listed in subparagraph 2. of this section occur, all obligations on the part of Florida Housing to continue doing business with Grantee the Contractor or assign any future transaction to Grantee the Contractor shall, if Florida Housing so elects, terminate and Florida Housing may, at its option, exercise any of its remedies set forth herein, or as otherwise provided by law. However, Florida Housing may continue doing business with the Grantee Contractor as a participant after the happening of any event listed in subparagraph 2. of this section without waiving the right to exercise such remedies, without constituting a course of dealing, and without becoming liable to include the Grantee Contractor in the transaction or any future transaction.
2. The Events of Default shall include, but not be limited to, the following:
a. If any report, information or representation provided by Grantee in this Agreement is inaccurate, false or misleading in any respect;the Contractor in
b. If any warranty or representation made by Grantee the Contractor in this Agreement Contract or any other outstanding agreement with Florida Housing is deemed by Florida Housing to be inaccurate, false or misleading in any respect;
c. If Grantee the Contractor fails to keep, observe, or perform any of the terms or covenants contained in this AgreementContract, or is unable or unwilling to meet its obligations as defined in this AgreementContract;
d. If, in the sole discretion of Florida Housing, Grantee the Contractor has failed to perform or complete any of the services identified in the attachments;
e. If Grantee the Contractor has not complied with all Florida laws, federal laws, Florida Housing rules or Florida Housing policies applicable to the work;
f. If Grantee the Contractor has discriminated on the grounds of race, color, religion, sex, national origin, or disability in violation of this Agreementperforming any service identified in the attachments;
g. If Grantee the Contractor does not comply with the terms and conditions set forth in Section 420.512(5), Fla. Stat.;
h. If Grantee the Contractor commits fraud in the performance of its obligations under this AgreementContract; or
i. If Grantee the Contractor refuses to permit public access to any document, paper, letter, computer files, or other material subject to disclosure under Florida’s Public Records Law. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing will provide written notice of the Default detailing the grounds that constitute the Event of Default (Notice of Default), delivered by courier service or electronic mail to the address set forth in Section J, Administration of Contract, herein.
3. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing may provide Grantee the Contractor a reasonable period of time to cure the Event of Default (Cure Period). If Florida Housing provides a Cure Period, Florida Housing will notify the Grantee Contractor of the length of the Cure Period in the Notice of Default.
4. If Florida Housing provides a Cure Period and if the Grantee Contractor is unable or unwilling to cure the Event of Default within the Cure Period, Florida Housing may exercise any remedy permitted by law. The pursuit of any one of the following remedies shall not preclude Florida Housing from pursuing any other remedies contained herein or otherwise provided at law or in equity. The remedies include, but are not limited to the following:
a. Florida Housing may terminate the Agreement Contract on the 10th tenth (10th) day after Grantee the Contractor receives the Notice of Default or upon the conclusion of any applicable Cure Period, whichever is later;
b. Florida Housing may commence an appropriate legal or equitable action to enforce performance of the terms and conditions of this AgreementContract;
c. Florida Housing may exercise any corrective or remedial actions including, but not limited to, requesting additional information from Grantee the Contractor to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Grantee Contractor to suspend, discontinue or refrain from incurring fees or costs for any activities in question or requiring the Grantee Contractor to reimburse Florida Housing for the amount of costs incurred; or
d. Florida Housing may exercise any other rights or remedies that may be otherwise available under law.
Appears in 1 contract
Samples: Contract Number 159 2020
Default and Remedies. 1. If any of the events listed in subparagraph 2. of this section occur, all obligations on the part of Florida Housing to continue doing business with Grantee Emphasys or assign any future transaction to Grantee Emphasys shall, if Florida Housing so elects, terminate and Florida Housing may, at its option, exercise any of its remedies set forth herein, or as otherwise provided by law. However, Florida Housing may continue doing business with the Grantee Emphasys as a participant after the happening of any event listed in subparagraph 2. of this section without waiving the right to exercise such remedies, without constituting a course of dealing, and without becoming liable to include the Grantee Emphasys in the transaction or any future transaction.
2. The Events of Default shall include, but not be limited to, the following:
a. If any report, information or representation provided by Grantee Emphasys in this Agreement Contract is inaccurate, false or misleading in any respect;
b. If any warranty or representation made by Grantee Emphasys in this Agreement Contract or any other outstanding agreement with Florida Housing is deemed by Florida Housing to be inaccurate, false or misleading in any respect;
c. If Grantee Emphasys fails to keep, observe, or perform any of the terms or covenants contained in this AgreementContract, or is unable or unwilling to meet its obligations as defined in this AgreementContract;
d. If, in the sole discretion of Florida Housing, Grantee Emphasys has failed to perform or complete any of the services identified in the attachments;
e. If Grantee Emphasys has not complied with all Florida laws, federal laws, Florida Housing rules or Florida Housing policies applicable to the work;
f. If Grantee Emphasys has discriminated on the grounds of race, color, religion, sex, national origin, or disability in violation of this Agreementperforming any service identified in the attachments;
g. If Grantee Emphasys does not comply with the terms and conditions set forth in Section 420.512(5), Fla. Stat.;
h. If Grantee Emphasys commits fraud in the performance of its obligations under this AgreementContract; or
i. If Grantee Emphasys refuses to permit public access to any document, paper, letter, computer files, or other material subject to disclosure under Florida’s Public Records Law. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing will provide written notice of the Default detailing the grounds that constitute the Event of Default (Notice of Default), delivered by courier service or electronic mail to the address set forth in Section J, Administration of Contract, herein.
3. Upon the occurrence of any Event of Default listed in subparagraph 2. 2 above, Florida Housing may will provide Grantee Emphasys a reasonable period of time to cure the Event of Default ("Cure Period"). If Florida Housing provides a Cure Period, Florida Housing will notify the Grantee Emphasys of the length of the Cure Period in the Notice of Default.
4. If When Florida Housing provides a Cure Period and if the Grantee Emphasys is unable or unwilling to cure the Event of Default within the Cure Period, Florida Housing may exercise any remedy permitted by law. The pursuit of any one of the following remedies shall not preclude Florida Housing from pursuing any other remedies contained herein or otherwise provided at law or in equity. The remedies include, but are not limited to the following:
a. Florida Housing may terminate the Agreement Contract on the 10th tenth (10th) day after Grantee Emphasys receives the Notice of Default or upon the conclusion of any applicable Cure Period, whichever is later;
b. Florida Housing may commence an appropriate legal or equitable action to enforce performance of the terms and conditions of this AgreementContract;
c. Florida Housing may exercise any corrective or remedial actions including, but not limited to, requesting additional information from Grantee Emphasys to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Grantee Emphasys to suspend, discontinue or refrain from incurring fees or costs for any activities in question or requiring the Grantee Emphasys to reimburse Florida Housing for the amount of costs incurred; orand/or
d. Florida Housing may exercise any other rights or remedies that may be otherwise available under law.
Appears in 1 contract
Samples: Affordable Housing Locator Subscription Services Contract
Default and Remedies. 1. If any of the events listed in subparagraph 2. of this section occur, all obligations on the part of Florida Housing to continue doing business with Grantee the University or assign any future transaction to Grantee the University shall, if Florida Housing so elects, terminate and Florida Housing may, at its option, exercise any of its remedies set forth herein, or as otherwise provided by law. However, Florida Housing may continue doing business with the Grantee University as a participant after the happening of any event listed in subparagraph 2. of this section without waiving the right to exercise such remedies, without constituting a course of dealing, and without becoming liable to include the Grantee University in the transaction or any future transaction.
2. The Events of Default shall include, but not be limited to, the following:
a. If any report, information or representation provided by Grantee the University in this Agreement Contract is inaccurate, false or misleading in any respect;
b. If any warranty or representation made by Grantee the University in this Agreement Contract or any other outstanding agreement with Florida Housing is deemed by Florida Housing to be inaccurate, false or misleading in any respect;
c. If Grantee the University fails to keep, observe, or perform any of the terms or covenants contained in this AgreementContract, or is unable or unwilling to meet its obligations as defined in this AgreementContract;
d. If, in If the sole discretion of Florida Housing, Grantee has failed to perform or complete any of the services identified in the attachments;
e. If Grantee University has not complied with all Florida laws, federal laws, Florida Housing rules or Florida Housing policies applicable to the work;
f. e. If Grantee the University has discriminated on the grounds of race, color, religion, sex, national origin, or disability in violation of this Agreementperforming any service identified in the attachments;
g. f. If Grantee the University does not comply with the terms and conditions set forth in Section 420.512(5), Fla. Stat.;
h. g. If Grantee the University commits fraud in the performance of its obligations under this AgreementContract; or
i. h. If Grantee the University refuses to permit public access to any document, paper, letter, computer files, or other material subject to disclosure under Florida’s Public Records Law. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing will provide written notice of the Default detailing the grounds that constitute the Event of Default (Notice of Default), delivered by courier service or electronic mail to the address set forth in Section I, Administration of Contract, herein.
3. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing may provide Grantee the University a reasonable period of time to cure the Event of Default (Cure Period). If Florida Housing provides a Cure Period, Florida Housing will notify the Grantee University of the length of the Cure Period in the Notice of Default.
4. If Florida Housing provides a Cure Period and if the Grantee University is unable or unwilling to cure the Event of Default within the Cure Period, Florida Housing may exercise any remedy permitted by law. The pursuit of any one of the following remedies shall not preclude Florida Housing from pursuing any other remedies contained herein or otherwise provided at law or in equity. The remedies include, but are not limited to the following:
a. Florida Housing may terminate the Agreement Contract on the 10th day after Grantee the University receives the Notice of Default or upon the conclusion of any applicable Cure Period, whichever is later;
b. Florida Housing may commence an appropriate legal or equitable action to enforce performance of the terms and conditions of this AgreementContract;
c. Florida Housing may exercise any corrective or remedial actions including, but not limited to, requesting additional information from Grantee the University to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Grantee University to suspend, discontinue or refrain from incurring fees or costs for any activities in question or requiring the Grantee University to reimburse Florida Housing for the amount of costs incurred; or
d. Florida Housing may exercise any other rights or remedies that may be otherwise available under law.
Appears in 1 contract
Samples: Contract Number 008 2020
Default and Remedies. 1. If any of the events listed in subparagraph 2. of this section occur, all obligations on the part of Florida Housing to continue doing business with Grantee the Contractor or assign any future fun1re transaction to Grantee the Contractor shall, if Florida Housing 3lPage Contract #054SF-2024 so elects, terminate te1minate and Florida Housing may, at its option, exercise any of its remedies set forth herein, or as otherwise provided by law. However, Florida Housing may continue doing business with the Grantee Contractor as a participant after the happening of any ofany event listed in subparagraph 2. of this ofthis section without waiving the right to exercise such remedies, without constituting a course of dealing, and without becoming liable to include the Grantee Contractor in the transaction or any future transaction.
2. The Events of Default shall include, but not be limited to, the following:
a. If any report, information or representation provided by Grantee the Contractor in this Agreement Contract is inaccurate, false or misleading in any respect;
b. If any warranty or representation made by Grantee the Contractor in this Agreement Contract or any other outstanding agreement with Florida Housing is deemed by Florida Housing to be inaccurate, false or misleading in any respect;
c. If Grantee the Contractor fails to keep, observe, or perform any of the terms or covenants contained in this AgreementContract, or is unable or unwilling to meet its obligations as defined in this AgreementContract;
d. If, in the sole discretion of Florida Housing, Grantee the Contractor has failed to perform or complete any of the services identified in the attachments;
e. If Grantee the Contractor has not complied with all Florida laws, federal laws, Florida Housing rules or Florida Housing policies applicable to the work;
f. If Grantee Ifthe Contractor has discriminated on the grounds of race, color, religion, sex, national origin, disability, or disability any other legally protected status in violation of this Agreementperforming any service identified in the attachments;
g. If Grantee Ifthe Contractor does not comply with the terms te1ms and conditions set forth in Section 420.512(5), Fla. Stat.;
h. If Grantee the Contractor commits fraud in the performance of its obligations under this AgreementContract; or
i. If Grantee the Contractor refuses to permit pern1it public access to any document, paper, letter, computer files, or other material subject to disclosure under Florida’s 's Public Records Law. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing will provide written notice of the ofthe Default detailing the grounds that constitute the Event of Default (Notice of Default.), delivered by courier service or electronic mail to the address set forth in Section K, Administration of Contract, herein. Contract #054SF-2024 4[Page
3. Upon the occurrence occun-ence of any Event of Default listed in subparagraph 2. above, Florida Housing may provide Grantee the Contractor a reasonable period of time to cure the Event of Default (Cure Period). If Florida Housing provides a Cure Period, Florida Housing will notify the Grantee Contractor of the length of the Cure Period in the Notice of Default.
4. If Florida Housing provides a Cure Period and if the Grantee ifthe Contractor is unable or unwilling to cure the Event of Default within the Cure Period, Florida Housing may exercise any remedy permitted by law. The pursuit of any one of the ofthe following remedies shall not preclude Florida Housing from pursuing any other remedies contained herein or otherwise provided at law or in equity. The remedies include, but are not limited to the following:
a. Florida Housing may terminate the Agreement Contract on the 10th tenth (I0'h) day after Grantee the Contractor receives the Notice of Default or upon the conclusion of any applicable Cure Period, whichever is later;
b. Florida Housing may commence co=ence an appropriate legal or equitable action to enforce performance perfom1ance of the terms te1ms and conditions of this AgreementContract;
c. Florida Housing may exercise any corrective or remedial actions including, but not limited to, requesting additional information infon-nation from Grantee the Contractor to determine the reasons for or the extent of or non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Grantee Contractor to suspend, discontinue or refrain from incurring fees or costs for any activities in question or requiring the Grantee Contractor to reimburse Florida Housing for the amount of costs incurred; or
d. Florida Housing may exercise any other rights or remedies that may be otherwise available under law.
Appears in 1 contract
Samples: Contract for Environmental Engineering/Consulting Services
Default and Remedies. 1. If any of the events listed in subparagraph 2. of this section occur, all obligations on the part of Florida Housing to continue doing business with Grantee Subrecipient or assign any future transaction to Grantee Subrecipient shall, if Florida Housing so elects, terminate and Florida Housing may, at its option, exercise any of its remedies set forth herein, or as otherwise provided by law. However, Florida Housing may continue doing business with the Grantee Subrecipient as a participant after the happening of any event listed in subparagraph 2. of this section without waiving the right to exercise such remedies, without constituting a course of dealing, and without becoming liable to include the Grantee Subrecipient in the transaction or any future transaction.
2. The Events of Default shall include, but not be limited to, the following:
a. If any report, information or representation provided by Grantee Subrecipient in this Agreement Contract is inaccurate, false or misleading in any inany respect;
b. If any warranty or representation made by Grantee Subrecipient in this Agreement Contract or any other outstanding agreement with Florida Housing is deemed by Florida Housing to be inaccurate, false or misleading in any respect;
c. If Grantee Subrecipient fails to keep, observe, or perform any performany of the terms or covenants contained in this AgreementContract, or is unable or unwilling orunwilling to meet its obligations as obligationsas defined in this AgreementContract;
d. If, in the sole thesole discretion of Florida Housing, Grantee Subrecipient has failed to perform or complete any of the services identified in the attachments;
e. If Grantee Subrecipient has not complied with all Florida laws, federal laws, Florida Housing rules or Florida Housing policies applicable to the work;
f. If Grantee Subrecipient has discriminated on the grounds of race, color, religion, sex, national origin, or disability in violation of this Agreementperforming any service identified in the attachments;
g. If Grantee Subrecipient does not comply with the terms and conditions set forth in Section 420.512(5), Fla. Stat.;
h. If Grantee Subrecipient commits fraud in the performance of its obligations under this AgreementContract; or
i. If Grantee Subrecipient refuses to permit public access to any document, paper, letter, computer files, or other material subject to disclosure under Florida’s Public Records Law. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing will provide written notice of the Default detailing Defaultdetailing the grounds that constitute the Event of Default.
3. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing may provide Grantee Subrecipient a reasonable period of time to cure the Event of Default (Cure Period). If Florida Housing provides a Cure Period, Florida Housing will notify the Grantee Subrecipient of the length of the Cure Period in the Notice of Default.
4. If Florida Housing provides a Cure Period and if the Grantee Subrecipient is unable or unwilling to cure the Event of Default within the Cure Period, Florida Housing may exercise any remedy permitted by law. The pursuit of any one of the following remedies shall not shallnot preclude Florida Housing from pursuing any other remedies contained herein or otherwise provided at law or in equity. The remedies include, but are not limited to the following:
a. Florida Housing may terminate the Agreement Contract on the 10th day after Grantee Subrecipient receives the Notice of Default or upon the conclusion of any applicable Cure Period, whichever is later;
b. Florida Housing may commence an appropriate legal or equitable action to enforce performance of the terms and conditions of this AgreementContract;
c. Florida Housing may exercise any corrective or remedial actions including, ,but not limited to, requesting additional information from Grantee Subrecipient to determine the reasons for or the extent of non-non compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Grantee Subrecipient to suspend, discontinue or refrain from incurring fees or costs for any activities in question or requiring the Grantee Subrecipient to reimburse Florida Housing for the amount of costs incurred; or
d. Florida Housing may exercise any other rights or remedies that may be otherwise available under law.
Appears in 1 contract
Samples: Subrecipient Agreement
Default and Remedies. 1. If any of the events listed in subparagraph 2. of this section occur, all obligations on the part of Florida Housing to continue doing business with Grantee Subrecipient or assign any future transaction to Grantee Subrecipient shall, if Florida Housing so elects, terminate and Florida Housing may, at its option, exercise any of its remedies set forth herein, or as otherwise provided by law. However, Florida Housing may continue doing business with the Grantee Subrecipient as a participant after the happening of any event listed in subparagraph 2. of this section without waiving the right to exercise such remedies, without constituting a course of dealing, and without becoming liable to include the Grantee Subrecipient in the transaction or any future transaction.
2. The Events of Default shall include, but not be limited to, the following:
a. If any report, information or representation provided by Grantee Subrecipient in this Agreement Contract is inaccurate, false or misleading in any respect;
b. If any warranty or representation made by Grantee Subrecipient in this Agreement Contract or any other outstanding agreement with Florida Housing is deemed by Florida Housing to be inaccurate, false or misleading in any respect;
c. If Grantee Subrecipient fails to keep, observe, or perform any of the terms or covenants contained in this AgreementContract, or is unable or unwilling to meet its obligations as defined in this AgreementContract;
d. If, in the sole discretion of Florida Housing, Grantee Subrecipient has failed to perform or complete any of the services identified in the attachments;
e. If Grantee Subrecipient has not complied with all Florida laws, federal laws, Florida Housing rules or Florida Housing policies applicable to the work;
f. If Grantee Subrecipient has discriminated on the grounds of race, color, religion, sex, national origin, or disability in violation of this Agreementperforming any service identified in the attachments;
g. If Grantee Subrecipient does not comply with the terms and conditions set forth in Section 420.512(5), Fla. Stat.;
h. If Grantee Subrecipient commits fraud in the performance of its obligations under this AgreementContract; or
i. If Grantee Subrecipient refuses to permit public access to any document, paper, letter, computer files, or other material subject to disclosure under Florida’s Public Records Law. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing will provide written notice of the Default detailing the grounds that constitute the Event of Default.
3. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing may provide Grantee Subrecipient a reasonable period of time to cure the Event of Default (Cure Period). If Florida Housing provides a Cure Period, Florida Housing will notify the Grantee Subrecipient of the length of the Cure Period in the Notice of Default.
4. If Florida Housing provides a Cure Period and if the Grantee Subrecipient is unable or unwilling to cure the Event of Default within the Cure Period, Florida Housing may exercise any remedy permitted by law. The pursuit of any one of the following remedies shall not preclude Florida Housing from pursuing any other remedies contained herein or otherwise provided at law or in equity. The remedies include, but are not limited to the following:
a. Florida Housing may terminate the Agreement Contract on the 10th day after Grantee Subrecipient receives the Notice of Default or upon the conclusion of any applicable Cure Period, whichever is later;
b. Florida Housing may commence an appropriate legal or equitable action to enforce performance of the terms and conditions of this AgreementContract;
c. Florida Housing may exercise any corrective or remedial actions including, but not limited to, requesting additional information from Grantee Subrecipient to determine the reasons for or the extent of non-non compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Grantee Subrecipient to suspend, discontinue or refrain from incurring fees or costs for any activities in question or requiring the Grantee Subrecipient to reimburse Florida Housing for the amount of costs incurred; or
d. Florida Housing may exercise any other rights or remedies that may be otherwise available under law.
Appears in 1 contract
Samples: Agreement Number 118 2020
Default and Remedies. 1. If any of the events listed in subparagraph 2. of this section occur, all obligations on the part of Florida Housing to continue doing business with Grantee Subrecipient or assign any future transaction to Grantee Subrecipient shall, if Florida Housing so elects, terminate and Florida Housing may, at its option, exercise any of its remedies set forth herein, or as otherwise provided by law. However, Florida Housing may continue doing business with the Grantee Subrecipient as a participant after the happening of any event listed in subparagraph 2. of this section without waiving the right to exercise such remedies, without constituting a course of dealing, and without becoming liable to include the Grantee Subrecipient in the transaction or any future transaction.
2. The Events of Default shall include, but not be limited to, the following:
a. If any report, information or representation provided by Grantee Subrecipient in this Agreement Contract is inaccurate, false or misleading in any respect;
b. If any warranty or representation made by Grantee Subrecipient in this Agreement Contract or any other outstanding agreement with Florida Housing is deemed by Florida Housing to be inaccurate, false or misleading in any respect;
c. If Grantee Subrecipient fails to keep, observe, or perform any of the terms or covenants contained in this Agreement, Contract,or is unable or unwilling to meet tomeet its obligations as defined in this AgreementContract;
d. If, in the sole discretion of Florida Housing, Grantee Subrecipient has failed to perform or complete any of the services identified in the attachments;
e. If Grantee Subrecipient has not complied with all Florida laws, federal laws, Florida Housing rules or Florida Housing policies applicable to the work;
f. If Grantee Subrecipient has discriminated on the grounds of race, color, religion, sex, national origin, or disability in violation of this Agreementperforming any service identified in the attachments;
g. If Grantee Subrecipient does not comply with the terms and conditions set forth in Section 420.512(5), Fla. Stat.;
h. If Grantee Subrecipient commits fraud in the performance of its obligations under this AgreementContract; or
i. If Grantee Subrecipient refuses to permit public access to any document, paper, letter, computer files, or other material subject to disclosure under Florida’s Public Records Law. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing will provide written notice of the Default detailing the grounds that constitute the Event of Default.
3. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing may provide Grantee Subrecipient a reasonable period of time to cure the Event of Default (Cure Period). If Florida Housing provides a Cure Period, Florida Housing will notify the Grantee Subrecipient of the length of the Cure Period in the Notice of Default.
4. If Florida Housing provides a Cure Period and if the Grantee Subrecipient is unable or unwilling to cure the Event of Default within the Cure Period, Florida Housing may exercise any remedy permitted by law. The pursuit of any one of the following remedies shall not preclude Florida Housing from pursuing any other remedies contained herein or otherwise provided at law or in equity. The remedies include, but are not limited to the following:
a. Florida Housing may terminate the Agreement Contract on the 10th day after Grantee Subrecipient receives the Notice of Default or upon the conclusion of any applicable Cure Period, whichever is later;
b. Florida Housing may commence an appropriate legal or equitable action to enforce performance of the terms and conditions of this AgreementContract;
c. Florida Housing may exercise any corrective or remedial actions including, but not limited to, requesting additional information from Grantee Subrecipient to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Grantee Subrecipient to suspend, discontinue or refrain from incurring fees or costs for any activities in question or requiring the Grantee Subrecipient to reimburse Florida Housing for the amount of costs incurred; or
d. Florida Housing may exercise any other rights or remedies that may be otherwise available under law.
Appears in 1 contract
Samples: Subrecipient Agreement
Default and Remedies. 1. If any of the events listed in subparagraph 2. of this section occur, all obligations on the part of Florida Housing to continue doing business with Grantee the Management Company or assign any future transaction to Grantee the Management Company shall, if Florida Housing so elects, terminate and Florida Housing may, at its option, exercise any of its remedies set forth herein, or as otherwise provided by law. However, Florida Housing may continue doing business with the Grantee Management Company as a participant after the happening of any event listed in subparagraph 2. of this section without waiving the right to exercise such remedies, without constituting a course of dealing, and without becoming liable to include the Grantee Management Company in the transaction or any future transaction.
2. The Events of Default shall include, but not be limited to, the following:
a. If any report, information or representation provided by Grantee the Management Company in this Agreement Contract is inaccurate, false or misleading in any respect;
b. If any warranty or representation made by Grantee the Management Company in this Agreement Contract or any other outstanding agreement with Florida Housing is deemed by Florida Housing to be inaccurate, false or misleading in any respect;
c. If Grantee the Management Company fails to keep, observe, or perform any of the terms or covenants contained in this AgreementContract, or is unable or unwilling to meet its obligations as defined in this AgreementContract;
d. If, in the sole discretion of Florida Housing, Grantee the Management Company has failed to perform or complete any of the services identified in the attachments;
e. If Grantee the Management Company has not complied with all Florida laws, federal laws, Florida Housing rules or Florida Housing policies applicable to the work;
f. If Grantee the Management Company has discriminated on the grounds of race, color, religion, sex, national origin, or disability in violation of this Agreementperforming any service identified in the attachments;
g. If Grantee the Management Company does not comply with the terms and conditions set forth in Section 420.512(5), Fla. Stat.;
h. If Grantee the Management Company commits fraud in the performance of its obligations under this AgreementContract; or
i. If Grantee the Management Company refuses to permit public access to any document, paper, letter, computer files, or other material subject to disclosure under Florida’s Public Records Law. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing will provide written notice of the Default detailing the grounds that constitute the Event of Default (Notice of Default), delivered by courier service or electronic mail to the address set forth in Section J, Administration of Contract, herein.
3. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing may provide Grantee the Management Company a reasonable period of time to cure the Event of Default (Cure Period). If Florida Housing provides a Cure Period, Florida Housing will notify the Grantee Management Company of the length of the Cure Period in the Notice of Default.
4. If Florida Housing provides a Cure Period and if the Grantee Management Company is unable or unwilling to cure the Event of Default within the Cure Period, Florida Housing may exercise any remedy permitted by law. The pursuit of any one of the following remedies shall not preclude Florida Housing from pursuing any other remedies contained herein or otherwise provided at law or in equity. The remedies include, but are not limited to the following:
a. Florida Housing may terminate the Agreement Contract on the 10th tenth (10th) day after Grantee the Management Company receives the Notice of Default or upon the conclusion of any applicable Cure Period, whichever is later;
b. Florida Housing may commence an appropriate legal or equitable action to enforce performance of the terms and conditions of this AgreementContract;
c. Florida Housing may exercise any corrective or remedial actions including, but not limited to, requesting additional information from Grantee the Management Company to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Grantee Management Company to suspend, discontinue or refrain from incurring fees or costs for any activities in question or requiring the Grantee Management Company to reimburse Florida Housing for the amount of costs incurred; or
d. Florida Housing may exercise any other rights or remedies that may be otherwise available under law.
Appears in 1 contract
Default and Remedies. 1. (a) If any of the events listed in subparagraph 2. 9(b) (Events of this section Default) occur, all obligations on the part of Florida Housing to continue doing business with Grantee the HHF Advisor or assign any future transaction to Grantee the HHF Advisor shall, if Florida Housing so elects, terminate and Florida Housing may, at its option, exercise any of its remedies set forth herein, or as otherwise provided by law. However, Florida Housing may continue doing business with the Grantee HHF Advisor as a participant after the happening of any event listed in subparagraph 2. of this section 9(b) without waiving the right to exercise such remedies, without constituting a course of dealing, and without becoming liable to include the Grantee HHF Advisor in the transaction or any future final transaction.
2. The (b) Events of Default shall include, but not be limited to, the following:
a. i. If any report, information information, representation or representation material provided by Grantee the HHF Advisor in this Agreement Contract, is inaccurate, false or misleading in any respectmisleading;
b. ii. If any warranty or representation made by Grantee the HHF Advisor in this Agreement Contract, or any other outstanding agreement with Florida Housing Housing, is deemed by Florida Housing to be inaccurate, false or misleading in any respect;
c. iii. If Grantee the HHF Advisor fails to keep, observe, or perform any of the terms or covenants contained in this AgreementContract, or is unable or unwilling to meet its obligations as defined in this AgreementContract;
d. iv. If, in the sole discretion of Florida Housing, Grantee the HHF Advisor has failed to perform or complete any of the services identified in the attachmentsthis Contract;
e. v. If Grantee the HHF Advisor has not complied with all Florida laws, federal Federal laws, Florida Housing rules or Florida Housing policies applicable to the workwork or services to be provided under this Contract;
f. vi. If Grantee has discriminated the HHF Advisor permits or engages in discrimination against any Applicant on the grounds of any prohibited basis, including, but not limited to, gender, race, religion, color, religion, sexfamilial status, national origin, ancestry, creed, pregnancy, martial or parental status, sexual orientation, or physical, mental, emotional or learning disability in violation of performing any service identified in this AgreementContract;
g. vii. If Grantee the HHF Advisor does not comply with the terms and conditions set forth in Section 420.512(5), Fla. Stat.;
h. viii. If Grantee the HHF Advisor commits fraud or engages in activities deemed fraudulent or misleading by Florida Housing;
ix. If the performance of its obligations under this Agreement; or
i. If Grantee HHF Advisor refuses to permit public access to any document, paper, letter, computer files, or other material subject to disclosure under Florida’s 's Public Records Law. ; or
x. If the HHF Advisor, or any of its staff, are listed on Florida Housing's Past Due or Non- Compliance List (available on Florida Housing's website).
(c) Upon the occurrence happening of any Event Events of Default listed in subparagraph 2. 9(b) above, Florida Housing will provide written notice of the Default detailing the grounds that constitute the Event through first class certified mail, return receipt requested (Notice of Default), to the address set forth in paragraph 11(b) of this Contract.
3. (d) Upon the occurrence happening of any Event Events of Default listed in subparagraph 2. above9(b), Florida Housing may provide Grantee the HHF Advisor a reasonable period of time to cure the Event of Default (Cure Period). If Florida Housing provides a Cure Period, Florida Housing will notify the Grantee HHF Advisor of the length of the Cure Period in the Notice of Default.
4. If (e) Upon the happening of any Event of Default, or if Florida Housing provides a Cure Period and if the Grantee HHF Advisor is unable or unwilling to cure the Event of Default within the Cure Period, Florida Housing may exercise any remedy permitted by law. The pursuit of any one of the following remedies shall not preclude Florida Housing from pursuing any other remedies contained herein or otherwise provided at law or in equity. The remedies include, but are not limited to the following:
a. i. Florida Housing may terminate the Agreement on the 10th day after Grantee receives the Notice of Default or upon the conclusion of any applicable Cure Period, whichever is laterContract;
b. ii. Florida Housing may commence an appropriate legal or equitable action to enforce performance of the terms and conditions of this AgreementContract;
c. iii. Florida Housing may exercise any corrective or remedial actions including, but not limited to, requesting additional information from Grantee the HHF Advisor to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Grantee HHF Advisor to suspend, discontinue or refrain from incurring fees or costs for any activities in question or requiring the Grantee HHF Advisor to reimburse Florida Housing for the amount of costs incurred; or
d. iv. Florida Housing may exercise any other rights or remedies that may be otherwise available under law.
Appears in 1 contract
Samples: Contract for Advisor Services
Default and Remedies. 1. If any of the events listed in subparagraph 2. of this section occur, all obligations on the part of Florida Housing to continue doing business with Grantee the Xxxxxxxx Center or assign any future transaction to Grantee shallthe Xxxxxxxx Center will, if Florida Housing so elects, terminate and Florida Housing may, at its option, exercise any of its remedies set forth herein, or as otherwise provided by law. However, Florida Housing may continue doing business with the Grantee Xxxxxxxx Center as a participant after the happening of any event listed in subparagraph 2. of this section without waiving the right to exercise such remedies, without constituting a course of dealing, and without becoming liable to include the Grantee Xxxxxxxx Center in the transaction or any future transaction.
2. The Events of Default shall will include, but not be limited to, the following:
a. If any report, information or representation provided by Grantee the Xxxxxxxx Center in this Agreement Contract is inaccurate, false or misleading in any respect;
b. If any warranty or representation made by Grantee the Xxxxxxxx Center in this Agreement Contract or any other outstanding agreement with Florida Housing is deemed by Florida Housing to be inaccurate, false or misleading in any respect;
c. If Grantee the Xxxxxxxx Center fails to keep, observe, or perform any of the terms or covenants contained in this AgreementContract, or is unable or unwilling to meet its obligations as defined in this AgreementContract;
d. If, in the sole discretion of Florida Housing, Grantee the Xxxxxxxx Center has failed to perform or complete any of the services identified in the attachments;
e. If Grantee the Xxxxxxxx Center has not complied with all Florida laws, federal laws, Florida Housing rules or Florida Housing policies applicable to the work;
f. If Grantee the Xxxxxxxx Center has discriminated on the grounds of race, color, religion, sex, national origin, or disability in violation of this Agreementperforming any service identified in the attachments;
g. If Grantee the Xxxxxxxx Center does not comply with the terms and conditions set forth in Section 420.512(5), Fla. Stat.;
h. If Grantee the Xxxxxxxx Center commits fraud in the performance of its obligations under this AgreementContract; or
i. If Grantee the Xxxxxxxx Center refuses to permit public access to any document, paper, letter, computer files, or other material subject to disclosure under Florida’s Public Records Law. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing will provide written notice of the Default detailing the grounds that constitute the Event of Default (Notice of Default), delivered by courier service or electronic mail to the address set forth in Section J, Administration of Contract, herein.
3. Upon the occurrence of any Event of Default listed in subparagraph 2. above, Florida Housing may provide Grantee the Xxxxxxxx Center a reasonable period of time to cure the Event of Default (Cure Period). If Florida Housing provides a Cure Period, Florida Housing will notify the Grantee Xxxxxxxx Center of the length of the Cure Period in the Notice of Default.
4. If Florida Housing provides a Cure Period and if the Grantee Xxxxxxxx Center is unable or unwilling to cure the Event of Default within the Cure Period, Florida Housing may exercise any remedy permitted by law. The pursuit of any one of the following remedies shall will not preclude Florida Housing from pursuing any other remedies contained herein or otherwise provided at law or in equity. The remedies include, but are not limited to the following:
a. Florida Housing may terminate the Agreement Contract on the 10th tenth (10th) day after Grantee the Xxxxxxxx Center receives the Notice of Default or upon the conclusion of any applicable Cure Period, whichever is later;
b. Florida Housing may commence an appropriate legal or equitable action to enforce performance of the terms and conditions of this AgreementContract;
c. Florida Housing may exercise any corrective or remedial actions including, but not limited to, requesting additional information from Grantee the Xxxxxxxx Center to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Grantee Xxxxxxxx Center to suspend, discontinue or refrain from incurring fees or costs for any activities in question or requiring the Grantee Xxxxxxxx Center to reimburse Florida Housing for the amount of costs incurred; or
d. Florida Housing may exercise any other rights or remedies that may be otherwise available under law.
Appears in 1 contract
Samples: Data Clearinghouse Services Contract