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(e) The Recipient shall provide additional program updates or information that may be <br /> required by the Division . <br /> (f) The Recipient shall provide additional reports and information identified in Attachment D . <br /> ( 8) MONITORING . <br /> The Recipient shall monitor its performance under this Agreement , as well as that of its <br /> subcontractors and/or consultants who are paid from funds provided under this Agreement , to ensure that <br /> time schedules are being met , the Schedule of Deliverables and Scope of Work are being accomplished <br /> within the specified time periods , and other performance goals are being achieved . A review shall be done <br /> for each function or activity in Attachment A and A- 1 to this Agreement , and reported in the quarterly report . <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 procedures/processes <br /> deemed appropriate by the Division . In the event that the Division or the Department determines that a <br /> limited scope audit of the Recipient is appropriate , the Recipient agrees to comply with any additional <br /> instructions provided by the Division or the Department to the Recipient regarding such audit . The Recipient <br /> further agrees to comply and cooperate with any inspections , reviews , investigations or audits deemed <br /> necessary by the Florida Chief Financial Officer or Auditor General . In addition , the Division will monitor the <br /> performance and financial management by the Recipient throughout the contract term to ensure timely <br /> 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 Agreement , <br /> and shall hold the Division harmless against all claims of whatever nature by third parties arising from the <br /> work performance under this Agreement . For purposes of this Agreement , Recipient agrees that it is not an <br /> 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 , Fla . <br /> Stat . , agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or <br /> suits against the Division , and agrees to be liable for any damages proximately caused by the acts or <br /> omissions to the extent set forth in Section 768 . 28 , Fla . Stat . Nothing herein is intended to serve as a waiver <br /> of sovereign immunity by any Recipient to which sovereign immunity applies . Nothing herein shall be <br /> construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in <br /> 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 time <br /> during the term of this Agreement and the Recipient fails to cure this adverse change within thirty days from <br /> 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 under <br /> this Agreement . <br /> 4 <br />