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2005-342
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2005-342
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the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed <br /> appropriate by the Department . In the event that the Department determines that a limited scope audit of <br /> the Recipient is appropriate , the Recipient agrees to comply with any additional instructions provided by <br /> the Department to the Recipient regarding such audit. The Recipient further agrees to comply and <br /> cooperate with any inspections , reviews , investigations or audits deemed necessary by the Comptroller or <br /> Auditor General . In addition , the Department will monitor the performance and financial management by <br /> the Recipient throughout the contract term to ensure timely completion of all tasks . <br /> ( 8 ) LIABILITY . <br /> (a ) Unless Recipient is a State agency or subdivision , as defined in Section 768 . 28 , Fla . <br /> Stat. , the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms <br /> of this Agreement, and shall hold the Department harmless against all claims of whatever nature by third <br /> parties arising out of the performance of work under this agreement. For purposes of this Agreement , <br /> Recipient agrees that it is not an employee or agent of the Department , but is an independent contractor. <br /> ( b ) Any Recipient who is a state agency or subdivision , as defined in Section 768 . 28 , <br /> Fla . Stat . , agrees to be fully responsible to the extent provided by Section 768 . 28 Fla . Stat. for its <br /> negligent acts or omissions or tortious acts which result in claims or suits against the Department , and <br /> agrees to be liable for any damages proximately caused by said acts or omissions . Nothing herein is <br /> intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity <br /> 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 /> (9 ) DEFAULT . <br /> If any of the following events occur ( " Events of Default" ) , all obligations on the part of the <br /> Department to make any further payment of funds hereunder shall , if the Department so elects , terminate <br /> and the Department may , at its option , exercise any of its remedies set forth in Paragraph ( 10 ) , but the <br /> Department may make any payments or parts of payments after the happening of any Events of Default <br /> without thereby waiving the right to exercise such remedies , and without becoming liable to make any <br /> further payment: <br /> 6 <br />
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