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<br />MLE 325-178 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 20 of 35 <br />22.5 Rights and Remedies. <br />a. The Subrecipient shall, within 30 days of its receipt of a notice of default, <br />reimburse MLE for all funds contributed by MLE to the Project. Further, MLE <br />shall have any and all rights and remedies available at law or in equity. <br />b. In the event that Subrecipient has materially failed to comply with this <br />Agreement and such non-compliance has resulted in the Federal Funding <br />Agency terminating MLE’s grant or cause or requires MLE to return funds to <br />the Federal Funding Agency, Subrecipient will return to MLE an amount equal <br />to the funds which MLE is not reimbursed for or is required to return to Federal <br />Funding Agency. <br />SECTION 23: NONAPPROPRIATION <br />MLE’s obligation to pay any amounts and otherwise perform its duties under this Agreement is <br />conditioned upon MLE receiving funding, appropriations, limitations, allotments, or other <br />expenditure authority sufficient to allow MLE, in the exercise of its reasonable administrative <br />discretion, to meet its obligations under this Agreement. <br />SECTION 24: AMENDMENTS <br />The terms of this Agreement may not be altered, modified, supplemented, or otherwise <br />amended, except by written agreement of the Parties. <br />This agreement may be amended only by mutual agreement of the parties in writing. Formal <br />written amendment of the contract is required for changing the terms and conditions specifically <br />stated in the original agreement and any prior amendments, including but not limited to: <br />• Budget revisions <br />• Scope of work <br />• Change in due dates <br />• Extensions of the period of performance <br />• Any other revisions determined material by MLE <br />SECTION 25: NOTICE <br />Except as otherwise expressly provided in this Agreement, any notices to be given relating to <br />this Agreement must be given in writing by email, personal delivery, or postage prepaid mail, to <br />a Party’s Authorized Representative at the physical address or to such other addresses as <br />either Party may indicate pursuant to this Section 24 - Amendments. Any notice so addressed <br />and mailed becomes effective five (5) days after mailing. Any notice given by personal delivery <br />becomes effective when actually delivered. <br />SECTION 26: SURVIVAL <br />All rights and obligations of the Parties under this Agreement will cease upon termination of this <br />Agreement, other than the rights and obligations arising under Section 11 – Governing Law and <br />Consent to Jurisdiction, Section 13 – Ownership of Work Product, Section 20 – Recovery of <br />Overpayments, Section 21 – Limitation of Liability, and Section 26 - Survival hereof and those <br />rights and obligations that by their express terms survive termination of this Agreement; <br />provided, however, that termination of this Agreement will not prejudice any rights or obligations <br />accrued to the Parties under this Agreement prior to termination.