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a) failure to properly provide the services and/or goods purchased <br />under this Contract; <br />b) failure to comply with any provision of this Contract, including <br />failure to comply with all applicable statutes, rules or regulations; <br />c) failure to pay refunds or penalties owed to the Department; <br />d) failure to comply with a repayment agreement with the Department <br />or agreed order issued by the Department; <br />e) failure by Contractor to provide a full accounting of funds expended <br />under this Contract; <br />f) discovery of a material misrepresentation in any aspect of <br />Contractor's response to the Solicitation Document; <br />g) any misrepresentation in the assurances and certifications in the <br />Contractor's application or response to the Solicitation Document or in <br />this Contract; or <br />h) Contractor is on or is added to the Excluded Parties List System <br />(EPLS). <br />Section 14.02 General Remedies and Sanctions. The Department will monitor <br />Contractor for both programmatic and financial compliance. The remedies set forth <br />below aze available to the Department against Contractor and any entity that <br />subcontracts with Contractor for provision of services or goods. HHSC OIG may <br />investigate, audit and impose or recommend imposition of sanctions to Department <br />for any breach of this Contract and may monitor Contractor for financial <br />compliance, The Department may impose one or more sanctions for each item of <br />noncompliance and will determine sanctions on a case-by-case basis. Contractor is <br />responsible for complying with all of the terms of this Contract. The listing of or <br />use of one or more of the remedies listed below does not relieve Contractor of any <br />obligations under the Contract. A state or federal statute, rule or regulation, or <br />federal guideline will prevail over the provisions of this Article unless the statute, <br />rule, regulation, or guideline can be read together with the provision(s) of this <br />Article to give effect to both. If the Contractor breaches this Contract by failing to <br />comply with one or more of the terms of this Contract, including but not limited to <br />compliance with applicable statutes, rules or regulations, the Department may take <br />one or more of the actions listed below: <br />General Provisions (Core Subrecipient 2008) 6/12/2007 32 <br />