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b . The RECIPIENT shall not pledge the State of Florida' s nor the DEPARTMENT' s credit nor
<br /> make the State of Florida or the DEPARTMENT a guarantor of payment or surety for any contract,
<br /> debt, obligation, judgment lien, or any form of indebtedness .
<br /> 15 . LIABILITY:
<br /> The DEPARTMENT shall not assume any liability for the acts , omissions to act, or negligence of
<br /> the RECIPIENT, its agents , servants , or employees . In all instances, the RECIPIENT shall be
<br /> responsible for any injury or property damage resulting from any activities conducted by the
<br /> RECIPIENT.
<br /> 16 . INDEMNIFICATION : (NOTE : If Recipient is a state agency or subdivision, as defined in
<br /> subsection 768 . 28 (2) , F. S . , pursuant to subsection 768 . 28 ( 19) , F. S . , neither Party indemnifies
<br />or
<br /> insures the other Party for the other Party's negligence .
<br /> The RECIPIENT, shall indemnify and hold the DEPARTMENT harmless to the extent permitted
<br /> by section 768 . 28, F. S . , from and against any and all claims or demands for damages resulting from
<br /> personal injury, and damage to real or personal tangible property. Without exception, the
<br /> RECIPIENT will indemnify and hold harmless the State of Florida and its employees and agents
<br /> from liability of any nature or kind, including costs and expenses for or on account of any
<br /> copyrighted, patented, or unpatented invention, process , or article manufactured by the
<br /> RECIPIENT.
<br /> 17 . NON-EXCLUSIVE RELATIONSHIP :
<br /> The relationship between the Parties is a non-exclusive one which allows the RECIPIENT to
<br /> engage in other activities, provided that all of the terms and conditions under this Agreement are
<br /> strictly observed, including the avoidance of conflicts of interests .
<br /> 18 . RESPONSIBILITIES OF GOVERNING BOARD OR AUTHORITIES :
<br /> The Parties agree that any information, including updates , reports , publications , studies , and any and
<br /> all reasonably requested information, that is required by federal, state or local law shall be approved
<br /> by those persons having the authority to do so prior to submission, and shall be signed only
<br /> by
<br /> those persons having the legal authority to do so or appropriately ratified by such an authority.
<br /> 19 . AUDITING RECORDS.
<br /> a . The RECIPIENT shall retain and maintain all records and make such records available for an
<br /> audit as may be requested . Records shall include independent auditor working papers , books ,
<br /> documents , and other evidence , including, but not limited to, vouchers , bills , invoices , requests for
<br /> payment, and other supporting documentation, which, according to generally accepted accounting
<br /> principles , procedures and practices , sufficiently and properly reflect all program costs expended in
<br /> the performance of this Agreement. The records shall be subject at all times to inspection, review,
<br /> or audit by state personnel of the Office of the Auditor General, Chief Financial Officer, Office of
<br /> the Chief Inspector General, or other personnel authorized by the DEPARTMENT and copies of
<br /> the records shall be delivered to the DEPARTMENT upon request.
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