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Grantee which may then exist; and any action, including the making of such payment <br /> by the Department, while any such breach or default shall exist, shall in no way <br /> impair or prejudice any right or remedy available to the Department in respect to <br /> such breach or default. The remedies available to the Department under this <br /> Agreement are cumulative and not exclusive. The waiver or exercise of any remedy <br /> shall not be construed as a waiver of any other remedy available hereunder or under <br /> general principles of law or equity. <br /> ITEM 21 - TERMINATION. PAYMENT DELAY. RECALL <br /> Upon written notice to the Grantee,the Department reserves the right to suspend or <br /> terminate all or part of the financial assistance provided by this Agreement, if the <br /> Grantee is, or has been, in violation of any of the terms of this Agreement or if the <br /> Department determines that the purpose of the Project would not be adequately <br /> served by continued financial assistance. Termination of any part of the Agreement <br /> will not invalidate obligations properly incurred by Grantee prior to the date of <br /> termination, to the extent that they cannot be cancelled. The Department may also <br /> elect, by written notice to the Grantee, to withhold or delay any or all payments <br /> under this Agreement, or any portion thereof; or, if payment or payments have <br /> already been made, to recall such payment or payments or any portion thereof. The <br /> Grantee agrees that upon receipt of such notice of recall, the Grantee shall <br /> immediately return such payments, or any portion thereof,which the Grantee has <br /> received. <br /> ITEM 22 - DISPUTE RESOLUTION <br /> In the event of a dispute in the interpretation of the provision� of this Agreement, <br /> such dispute shall be settled through negotiations between the Department and the <br /> Grantee. In the event that agreement is not consummated at this negotiation level, <br /> the dispute will then be referred through proper administrative channels for a <br /> decision and ultimately, if necessary,to the Secretary of the Department. The <br /> Department shall decide all claims, questions and disputes which are referred to it <br /> regarding the interpretation, prosecution and fulfillment of this Agreement. The <br /> Department's decision upon all claims, questions and disputes shall be final and <br /> conclusive. <br /> ITEM 23 - PUBLIC INFORMATION <br /> The Department and Grantee shall agree upon appropriate and reasonable means to <br /> inform the public, particularly the users of Grantee's public transportation services, <br /> of the state assistance provided under this Agreement. <br /> ITEM 24 - AMENDMENT <br /> The Parties agree that no change or modification to this Agreement shall be of any <br /> force or effect unless the amendment is dated and is reduced to writing and executed <br /> by both parties. <br /> ITEM 25 - SEVERABILITY <br /> The Parties agree that if any provisions of the Agreement shall be held invalid for <br /> any reason whatsoever, the remaining provisions shall not be affected thereby if such <br /> remaining provisions could then continue to conform with the purposes,terms and <br /> requirements of applicable law. <br /> 9 <br />