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arising from the work performance under this Agreement. For purposes of this Agreement, Recipient <br /> agrees that it is not an employee or agent of the Division , but is an independent contractor. <br /> ( b ) Any Recipient which is a state agency or subdivision , as defined in Section 768 . 28 , <br /> Fla . Stat. , agrees to be fully responsible for its negligent or tortious acts or omissions which result in <br /> claims or suits against the Division , and agrees to be liable for any damages proximately caused by the <br /> acts or omissions to the extent set forth in Section 768 . 28 , Fla . Stat . Nothing herein is intended to serve <br /> as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies . Nothing herein <br /> shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third <br /> 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 <br /> Division to make further payment of funds shall , if the Division elects , terminate and the Division has the <br /> option to exercise any of its remedies set forth in Paragraph ( 11 ) . However, the Division may make <br /> payments or partial payments after any Events of Default without waiving the right to exercise such <br /> remedies , and without becoming liable to make any further payment: <br /> ( a ) If any warranty or representation made by the Recipient in this Agreement or any <br /> previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient <br /> fails to keep or perform any of the obligations , terms or covenants in this Agreement or any previous <br /> agreement with the Division and has not cured them in timely fashion , or is unable or unwilling to meet its <br /> obligations under this Agreement , <br /> ( b ) If material adverse changes occur in the financial condition of the Recipient at any <br /> time during the term of this Agreement and the Recipient fails to cure this adverse change within thirty <br /> days from the date written notice is sent by the Division . <br /> ( c ) If any reports required by this Agreement have not been submitted to the Division or <br /> have been submitted with incorrect, incomplete or insufficient information ; <br /> ( d ) If the Recipient has failed to perform and complete on time any of its obligations <br /> under this Agreement. <br /> ( 11 ) REMEDIES . <br /> If an Event of Default occurs , then the Division may , after thirty calendar days written <br /> notice to the Recipient and upon the Recipient's failure to cure within those thirty days , exercise any one <br /> or more of the following remedies , either concurrently or consecutively: <br /> ( a ) Terminate this Agreement , provided that the Recipient is given at least thirty days <br /> prior written notice of the termination . The notice shall be effective when placed in the United States, first <br /> class mail , postage prepaid , by registered or certified mail -return receipt requested , to the address in <br /> paragraph ( 13 ) herein ; <br /> ( b ) Begin an appropriate legal or equitable action to enforce performance of this <br /> Agreement , <br /> 8 <br />