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� � <br /> Page 11 of = <br /> repeated failure to meet performance time lines or standards, or failure <br /> to resolve negotiated points of the Agreement; and the Grantee fails to <br /> develop and implement a corrective action plan satisfactory to the <br /> Department within 30 calendar days of the Department' s notice. <br /> 5. Suspension by Grantee. Should the Grantee fail , refuse or elect not to <br /> complete this Agreement, or should the Grantee cease to do business, the <br /> Grantee shall notify the Department within ten days from and after the <br /> date upon which performance ceases. Upon cessation of performance, <br /> prior to completion of program objectives, grant payments can be made <br /> for work completed that can be utilized by the Department. All other <br /> legal and equitable remedies shall remain in effect. <br /> 6. Termination for Cause. If the Department determines that the Grantee has <br /> failed to comply with the special conditions and/or the general terms and <br /> conditions of the Agreement, the Oepartment may terminate the Agreement <br /> in whole, or in part, at any time before the date of completion. The <br /> Department shall promptly notify the Grantee in writing of the decision, <br /> the reasons for such termination, and the effective date of the <br /> termination. The notice shall include an opportunity for a hearing on <br /> the funding termination. Payments made to Grantee or recoveries by the <br /> Department shall be in accord with the legal rights and liabilities of <br /> the parties. <br /> 7 . Termination Due to Loss of Funding. This Grant shall terminate in full , <br /> or i n part, at the di screti on of the Department, i n the event that the <br /> Department suffers a loss of funding in full or in part. In such an <br /> event, the Department shall give the Grantee written notice which shall <br /> set forth the effective date of full or partial termination, or if a <br /> decrease in funding is required, setting forth the change in funding and <br /> the changes in the approved budget. <br /> 8. Termination for Convenience. The Department or the Grantee may terminate <br /> the Agreement in whole, or in part, when the Department and Grantee agree <br /> that continuation of the program objectives would not produce beneficial <br />' results commensurate with the further expenditures of funds. <br /> The Department and the Grantee shall agree upon termination conditions, <br /> including the effective date and, in the case of partial terminations, <br /> the portion to be terminated. Grantee shall not incur new obligations <br /> for the terminated portion after the effective date, and shall cancel as <br /> many outstanding obligations as possible. The Department shall allow <br /> full credit to the Grantee for the Department' s share of the <br /> roncancellable obligations, properly incurred by the Grantee prior to <br /> termination. Program Proceeds shall be disposed of in accordance with <br /> Part UII , Section 5. <br /> 9. Waivers. A waiver of any condition of this grant must be in writing from <br />; the Director of the Department or his designee. <br /> - 11 - <br />