Laserfiche WebLink
Document management portal powered by Laserfiche WebLink 9 © 1998-2015 Laserfiche. All rights reserved.
(a) Unless Recipient is a State agency or subdivision , as defined in Section <br /> 768 . 28 , Fla . Stat . , the Recipient is solely responsible to parties it deals with in carrying out the <br /> terms of this Agreement , and shall hold the Division harmless against all claims of whatever <br /> nature by third parties arising from the work performance under this Agreement . For purposes of <br /> this Agreement , Recipient agrees that it is not an employee or agent of the Division , but is an <br /> independent contractor. <br /> (b) Any Recipient which is a state agency or subdivision , as defined in Section <br /> 768 . 28 , Fla . Stat . , agrees to be fully responsible for its negligent or tortious acts or omissions <br /> which result in claims or suits against the Division , and agrees to be liable for any damages <br /> proximately caused by the acts or omissions to the extent set forth in Section 768 . 28 , Fla . Stat . <br /> 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 <br /> subdivision of the State of Florida to be sued by third parties in any matter arising out of any <br /> contract . <br /> ( 10) DEFAULT . <br /> If any of the following events occur (" Events of Default") , all obligations on the <br /> part of the Division to make further payment of funds shall , if the Division elects , terminate and <br /> the Division has the option to exercise any of its remedies set forth in Paragraph (11 ) . However, <br /> the Division may make payments or partial payments after any Events of Default without waiving <br /> the right to exercise such 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 <br /> any previous agreement with the Division is or becomes false or misleading in any respect , or if <br /> the Recipient fails to keep or perform any of the obligations , terms or covenants in this Agreement <br /> or any previous agreement with the Division and has not cured them in timely fashion , or is <br /> unable or unwilling to meet its obligations under this Agreement ; <br /> (b) If material adverse changes occur in the financial condition of the Recipient <br /> at any time during the term of this Agreement, and the Recipient fails to cure this adverse change <br /> within thirty 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 <br /> Division or 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 <br /> obligations under this Agreement . <br /> ( 11 ) REMEDIES . <br /> If an Event of Default occurs , then the Division may , after thirty calendar days <br /> written notice to the Recipient and upon the Recipient' s failure to cure within those thirty days , <br /> exercise any one or more of the following remedies , either concurrently or consecutively : <br /> Page 6 of 36 <br />