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<br />(10) OTHER PROVISIONS, <br /> <br />(a) The validity of this Agreement is subject to the truth and accuracy of all the <br />information, representations. and materials submitted or provided by the Recipient in this Agreement, in <br />any subsequent submission or response to Department request, or in any submission or response to <br />fulfill the requirements of this Agreement, and such information, representations, and materials are <br />incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of <br />the Department and with thirty (30) days written notice to the Recipient, cause the termination of this <br />Agreement and the release of the Department from all its obligations to the Recipient. <br /> <br />(b) This Agreement shall be construed under the laws of the State of Florida, and venue <br />for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict <br />with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed <br />null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any <br />other provision of this Agreement. <br /> <br />(c) No waiver by the Department of any right or remedy granted hereunder or failure to <br />insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or <br />remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by <br />the Department for any further or subsequent default by the Recipient. Any power of approval or <br />disapproval granted to the Department under the terms of this Agreement shall survive the terms and life <br />of this Agreement as a whole. <br /> <br />(d) The Agreement may be executed in any number of counterparts, anyone of which <br />may be taken as an original. <br /> <br />(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law <br />101-336,42 U.S,C. Section 12101 et seq, ), if applicable, which prohibits discrimination by public and <br />private entities on the basis of disability in the areas of employment, public accommodations, <br />transportation, State and local government services, and in telecommunications. <br /> <br />(f) A person or affiliate who has been placed on the convicted vendor list following a <br />conviction for a public entity crime may not submit a bid on a contract to provide any goods or services <br />to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a <br />public building or public work, may not submit bids on leases of real property to a public entity, may not <br />be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with <br />a public entity, and may not transact business with any public entity in excess of Category Two for a <br />period of 36 months from the date of being placed on the convicted vendor list. <br /> <br />(11) AUDIT REQUIREMENTS, <br /> <br />(a) The Recipient agrees to maintain financial procedures anC3 support documents, in <br />accordance with generally accepted accounting principles, to account for the receipt and expenditure of <br />funds under this Agreement. <br /> <br />(b) These records shall be available at all reasonable times for inspection, review, or <br />audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be <br />construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to <br />5:00 p.m., local time, Monday through Friday. <br /> <br />(c) The Recipient shall also provide the Department with the records, reports or <br />financial statements upon request for the purposes of auditing and monitoring the funds awarded under <br />this Agreement. <br /> <br />5 <br />