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2007-207B
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2007-207B
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Last modified
5/25/2016 12:13:09 PM
Creation date
9/30/2015 10:52:53 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/10/2007
Control Number
2007-207B
Agenda Item Number
7.S.
Entity Name
Florida Department of Community Affairs
Subject
State-Funded Subgrant Agreement
Project Number
08-DD-J3-10-40-01-013
Supplemental fields
SmeadsoftID
6351
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inspections , reviews , investigations or audits deemed necessary by the Chief Financial Officer or Auditor General . In <br /> addition , the Department will monitor the performance and financial management by the Recipient throughout the contract <br /> term 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 shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and <br /> shall hold the Department harmless against all claims of whatever nature by third parties arising out of the performance of <br /> work under 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 who is a state agency or subdivision , as defined in Section 768 . 28, Fla . Stat. , agrees to <br /> be fully responsible to the extent provided by Section 768.28 Fla . Stat. for its negligent acts or omissions or tortious acts <br /> which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by <br /> said acts or omissions . Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which <br /> sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of <br /> 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 to <br /> make any further payment of funds hereunder shall , if the Department so elects, terminate and the Department may, at its <br /> option , exercise any of its remedies set forth in Paragraph ( 11 ) , but the Department may make any payments or parts of <br /> payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies , and <br /> without becoming liable to make any further payment: <br /> (a ) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement <br /> with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe <br /> or perform any of the obligations , terms or covenants contained in this Agreement or any previous agreement with the <br /> Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; <br /> (b) If any material adverse change shall occur in the financial condition of the Recipient at any time <br /> during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from <br /> the time the date written notice is sent by the Department. <br /> 6 <br />
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