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report . The ending dates for each quarter of the program year are September 30 , December 31 , March 31 and June 30 . (c) The close-out report is due 45 days after termination of this Agreement or 45 days after completion of the activities contained in this Agreement , whichever first occurs . ( d ) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division , the Division may withhold further payments until they are completed or may take other action as stated in Paragraph ( 11 ) REMEDIES . "Acceptable to the Division " means that the work product was completed in accordance with the Budget and Scope of Work . ( e) The Recipient shall provide additional program updates or information that may be required by the Division . (f) The Recipient shall provide additional reports and information identified in Attachment D . ( 8) MONITORING . The Recipient shall monitor its performance under this Agreement , as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement , to ensure that time schedules are being met , the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods , and other performance goals are being achieved . A review shall be done for each function or activity in Attachment A and A- 1 to this Agreement , and reported in the quarterly report . In addition to reviews of audits conducted in accordance with paragraph (6 ) above , monitoring procedures may include , but not be limited to , on- site visits by Division staff, limited scope audits , and/or other procedures . The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division . In the event that the Division or the Department determines that a limited scope audit of the Recipient is appropriate , the Recipient agrees to comply with any additional instructions provided by the Division or the Department to the Recipient regarding such audit . The Recipient further agrees to comply and cooperate with any inspections , reviews , investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General . In addition , the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks . ( 9 ) LIABILITY (a) Unless Recipient is a State agency or subdivision , as defined in Section 768 . 28 , Fla . Stat . , the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement , and shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement . For purposes of this Agreement , Recipient agrees that it is not an employee or agent of the Division , but is an independent contractor . ( b ) Any Recipient which is a state agency or subdivision , as defined in Section 768 . 28 , Fla . Stat . , agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division , and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768 . 28 , Fla , Stat . Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies . Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract . ( 10 ) DEFAULT . If any of the following events occur (" Events of Default" ) , all obligations on the part of the Division to make further payment of funds shall , if the Division elects , terminate and the Division has the option to exercise any of its remedies set forth in Paragraph ( 11 ) . However, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies , and without becoming liable to make any further payment : ( a ) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect , or if the Recipient fails to keep or perform any of the obligations , terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion , or is unable or unwilling to meet its obligations under this Agreement , 4