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(e) "The Recipient shall provide additional program updates or information that may be required by the <br /> Department. <br /> (f) The Recipient shall provide additional reports and information identified in Attachment D. <br /> (8) MONITORING <br /> The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors <br /> and/or consultants who are paid front funds provided under this Agreement , to ensure that time schedules are being <br /> met , the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and <br /> other performance goals are being achieved. A review shall be done for each function or activity in Attachments A <br /> and I to this Agreement, and reported in the monthly report . <br /> In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring <br /> procedures may include, but not be limited to, on- site visits by Department staff, limited scope audits, and/or other <br /> procedures . The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed <br /> appropriate by the Department . In the event that the Department detennines that a limited scope audit of the <br /> Recipient is appropriate , the Recipient agrees to comply with any additional instructions provided by the <br /> Department to the Recipient regarding such audit . The Recipient further agrees to comply and cooperate with any <br /> inspections , reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor <br /> General . In addition, the Department will monitor the performance and financial management by the Recipient <br /> throughout the contract terns to ensure timely completion of all tasks . <br /> (9) LIABILITY <br /> ( a) Unless Recipient is a State agency or subdivision , as defined in Section 768 . 28 , Fla . Stat . , the <br /> Recipient is solely responsible to parties it deals with in carrying out the terns of this Agreement, and shall hold the <br /> Department harmless against all claims of whatever nature by third parties arising from the work performance under <br /> this Agreement . For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the <br /> Department, but is an independent contractor. <br /> (b) Any Recipient which is a state agency or subdivision , as defined in Section 768 . 28 , Fla . Stat . , <br /> agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the <br /> Department, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set <br /> forth in Section 768 . 28 , Fla . Stat_ Nothing herein is intended to serve as a waiver of sovereign immunity by any <br /> Recipient to which sovereign immunity applies . Nothing herein shall be construed as consent by a state agency or <br /> subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract . <br /> ( 10) DEFAULT ' <br /> If any of the following events occur ( " Events of Default " ), all obligations on the part of the Department <br /> to make further payment of funds shall , if the Department elects , terminate and the Department has the option to <br /> exercise any of its remedies set forth in Paragraph ( 11 ) . However, the Department may make payments or partial <br /> payments after any Events of Default without waiving the right to exercise such remedies, and without becoming <br /> liable to make any further payment : <br /> ( a ) If any warranty or representation made by the Recipient in this Agreement or any previous <br /> agreement with the Department is or becomes false or misleading in any respect, or if the Recipient fails to keep or <br /> Rev 07/3 1 /2009 Page 5 <br />