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A. There is any misrepresentation of a material fact in the <br /> Participant's Application, or amendment thereof, or in respect <br /> to this Agreement or any document or date furnished pursuant <br /> hereto, or any other submission of the Participant required by <br /> the Department in connection with the Grant; <br /> B. There is pending litigation which, in the opinion of the <br /> Secretary, may �eopardize the Grants or this Agreement; <br /> C. There has been, in connection with this grant, any violation <br /> of the State or Federal regulations, ordinances or statutes <br /> applicable to the Participant, its officers or employees <br /> which, in the opinion of the Secretary, affects this Agreement; <br /> D. Any contributions provided by the State pursuant to this <br /> Agreement are used for an ineligible purpose; <br /> E. The Participant is unable to substantiate the proper use of <br /> the Grant funds provided pursuant to this Agreement; or <br /> F. The Participant is in default under any of the provisions of <br /> this Agreement. <br /> ITEM 22. RIGHT OF DEPARTMENT TO TERMINATE <br /> Upon written notice to the Participant, the Department <br /> reserves the right to suspend or terminate all or part of the <br /> financial assistance herein provided for when the Participant is, or <br /> has been, in violation of their terms of this Agreement or when the <br /> Department determines that the purpose of the Acts would not be <br /> adequately served by continuation of State financial assistance to <br /> the Project. Termination of any part of the grant will not <br /> invalidate obligations properly incurred by the Participant and <br /> concurred in by the Department prior to the date of termination, to <br /> the extent they are noncancelable. <br /> 19 <br />