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other action as stated in Paragraph ( 11 ) REMEDIES . " Acceptable to the Department" means that the work product <br /> was completed in accordance with the Program Budget, Attachment A of this Agreement ; the Activity Work Plan , <br /> Attachment I of this Agreement; and the CDBG Application submitted by the Recipient . <br /> (e) The Recipient shall provide additional program updates or information that may be required by the <br /> Department . <br /> ( t) 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 subcontractors <br /> and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being <br /> met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and <br /> other performance goals are being achieved . A review shall be done for each function or activity in Attachment A to <br /> 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 Department staff, limited scope audits, and/or other <br /> procedures . The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed <br /> appropriate by the Department. In the event that the Department determines that a limited scope audit <br /> of the <br /> Recipient is appropriate , the Recipient agrees to comply with any additional instructions provided by <br /> the <br /> Department to the Recipient regarding such audit . The Recipient further agrees to comply and cooperate with any <br /> inspections , reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor <br /> General . In addition , the Department will monitor the performance and financial management by the Recipient <br /> 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 . Stat. , <br /> the <br /> Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the <br /> Department harmless against all claims of whatever nature by third parties arising from the work performance under <br /> this Agreement . For purposes of this Agreement, Recipient agrees that it is not an employee or agent <br /> of the <br /> Department , but is an independent contractor , <br /> or subdivision , as defined in Section 768 . 28 , Fla. Stat . , <br /> ( b ) Any Recipient which is a state agency <br /> agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the <br /> Department, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent <br /> set <br /> forth in Section 768 .28 , Fla . Stat. Nothing herein is intended to serve as a waiver of sovereign immunity <br /> by any <br /> Recipient to which 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 contract . <br /> ( 10 ) DEFAULT <br /> If any of the following events occur ( " Events of Default" ) , all obligations on the part of the Department <br /> if the Department elects , terminate and the Department has the option to <br /> to make further payment of funds shall , <br /> exercise any of its remedies set forth in Paragraph 0 1 ) . However, the Department may make payments or partial <br /> payments atter any Events of Default without waiving the right to exercise such remedies, and without becoming <br /> liable to make any further payment : <br /> 5 <br /> Rev . 10 / 3 /201 1 <br />