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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 <br /> done for each function or activity in Attachment A and Attachment B to this Agreement, and reported in <br /> 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 <br /> procedures/processes deemed appropriate by the Division. In the event that the Division determines that <br /> a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional <br /> instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees <br /> to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the <br /> Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance <br /> and financial management by the Recipient throughout the contract term to ensure timely completion of <br /> 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 /> 5 <br />