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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 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 determines that a limited scope audit of <br /> the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by <br /> the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate <br /> with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial <br /> Officer or Auditor General . In addition, the Division will monitor the performance and financial <br /> management by the 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 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, <br /> Fla. Stat. , agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims <br /> or 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 <br /> waiver of sovereign immunity by any Recipient to which sovereign immunity applies . Nothing herein shall <br /> be 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 <br /> the Division to make further payment of funds shall, if the Division elects, terminate and the Division has <br /> the 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 /> Page 5 of 48 <br />