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within the specified time periods , and other performance goals are being achieved . A review shall be <br /> done for each function or activity in Attachment A to this Agreement . <br /> In addition to reviews of audits conducted in accordance with paragraph ( 6 ) above , monitoring <br /> procedures may include , but not be limited to , on -site visits by Division staff, limited scope audits , and/or <br /> other procedures . The Recipient agrees to comply and cooperate with any monitoring <br /> procedures/processes deemed appropriate by the Division . In the event that the Division or the <br /> Department determines that a limited scope audit of the Recipient is appropriate , the Recipient agrees to <br /> comply with any additional instructions provided by the Division or the Department to the Recipient <br /> regarding such audit . The Recipient further agrees to comply and cooperate with any inspections , <br /> reviews , investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor <br /> General . In addition , the Division will monitor the performance and financial management by the <br /> Recipient throughout the contract 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 . <br /> Stat . , the Recipient is solely responsible to parties it deals with in carrying out the terms of this <br /> Agreement , and shall hold the Division harmless against all claims of whatever nature by third parties <br /> 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 /> 5 <br />