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ARTICLE VI. TERMINATION FOR CAUSE AND OTHER REMEDIES
Section 6.1 General Events of Default.
In the event that either:
(a) any representation, warranty, certification, assurance or any other statement of fact contained in this Agreement or the Application of the Participating State including, but not limited to, the Assurances (Non-Construction) contained as part of the Application, or any representation or warranty set forth in any document, report, certificate, financial statement or instrument now or hereafter delivered to Treasury in connection with this Agreement, is found to be inaccurate, false, incomplete or misleading when
made, in any material respect;
or
(b) the Participating State materially fails to observe, comply with, meet or perform any term, covenant, agreement or other provision contained in this Agreement including, but not limited to, the Participating State’s failure to submit complete and timely quarterly reports or annual reports, or the Participating State ceases to use the Allocated Funds to undertake the activities authorized in Annex 1 attached hereto;
Treasury, in its sole discretion, may find the Participating State to be in default.
Section 6.2 Discretionary Remedies.
If Treasury finds the Participating State to be in default under Section 6.1 of this Agreement, Treasury may, in its sole discretion, take any one or more of the following actions, subject to Section 6.6 of this Agreement:
(a) withhold Disbursements pending the Participating State’s correction of the default;
or
(b) wholly or partly reduce, suspend, or terminate the commitment of Treasury to make Disbursements to the Participating State under this Agreement, whereupon the commitment of Treasury to make Disbursements to the Participating State under this Agreement will be reduced, suspended, or terminated, as the case may be.
Section 6.3 Specific Events of Default
In the event of a Treasury Inspector General audit finding of either:
(a) intentional or reckless misuse of Allocated Funds by the Participating State;
or
(b) the Participating State having intentionally made misstatements in any report issued to Treasury under the Act; Treasury shall find the Participating State to be in default.
Section 6.4 Mandatory Remedies.
If Treasury finds the Participating State to be in default under Section 6.3 of this Agreement, Treasury shall take the following actions:
(a) in the case of an event of default under Section 6.3(a), recoup any misused Allocated Funds that have been disbursed to the Participating State;
or
(b) in the case of an event of default under Section 6.3(b), terminate the commitment of Treasury to make Disbursements to the Participating State under this Agreement, and find the State ineligible to receive any additional funds under the Act, whereupon the commitment of Treasury to make Disbursements to the Participating State under this Agreement will be terminated and the State will be ineligible to receive any additional funds under the Act.
Section 6.1 General Events of Default.
In the event that either:
(a) any representation, warranty, certification, assurance or any other statement of fact contained in this Agreement or the Application of the Participating State including, but not limited to, the Assurances (Non-Construction) contained as part of the Application, or any representation or warranty set forth in any document, report, certificate, financial statement or instrument now or hereafter delivered to Treasury in connection with this Agreement, is found to be inaccurate, false, incomplete or misleading when
made, in any material respect;
or
(b) the Participating State materially fails to observe, comply with, meet or perform any term, covenant, agreement or other provision contained in this Agreement including, but not limited to, the Participating State’s failure to submit complete and timely quarterly reports or annual reports, or the Participating State ceases to use the Allocated Funds to undertake the activities authorized in Annex 1 attached hereto;
Treasury, in its sole discretion, may find the Participating State to be in default.
Section 6.2 Discretionary Remedies.
If Treasury finds the Participating State to be in default under Section 6.1 of this Agreement, Treasury may, in its sole discretion, take any one or more of the following actions, subject to Section 6.6 of this Agreement:
(a) withhold Disbursements pending the Participating State’s correction of the default;
or
(b) wholly or partly reduce, suspend, or terminate the commitment of Treasury to make Disbursements to the Participating State under this Agreement, whereupon the commitment of Treasury to make Disbursements to the Participating State under this Agreement will be reduced, suspended, or terminated, as the case may be.
Section 6.3 Specific Events of Default
In the event of a Treasury Inspector General audit finding of either:
(a) intentional or reckless misuse of Allocated Funds by the Participating State;
or
(b) the Participating State having intentionally made misstatements in any report issued to Treasury under the Act; Treasury shall find the Participating State to be in default.
Section 6.4 Mandatory Remedies.
If Treasury finds the Participating State to be in default under Section 6.3 of this Agreement, Treasury shall take the following actions:
(a) in the case of an event of default under Section 6.3(a), recoup any misused Allocated Funds that have been disbursed to the Participating State;
or
(b) in the case of an event of default under Section 6.3(b), terminate the commitment of Treasury to make Disbursements to the Participating State under this Agreement, and find the State ineligible to receive any additional funds under the Act, whereupon the commitment of Treasury to make Disbursements to the Participating State under this Agreement will be terminated and the State will be ineligible to receive any additional funds under the Act.
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