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which such person or organization agreesto perform economic development services or similar <br />(W business assistance services on behalf of the RECIPIENT shall include provisions requiring that <br />such person or organization report on performance, account for proper use of funds provided <br />under the contract (including the provision of audit rights pursuant to Section 19, AUDITING <br />RECORDS, Section 20, ACCESS TO RECORDS, and Exhibit C, AUDIT REQUIREMENTS <br />when applicable), coordinate with other components of state and local economic development <br />systems, and avoid duplication of existing state and local services and activities. <br />d. Any and all contracts that the RECIPIENT executes with a person or organization shall <br />include provisions whereby the RECIPIENT and the subcontractors expressly agree to abide by <br />all local, state, and federal laws. <br />e. The RECIPIENT will provide the DEPARTMENT with a list and copies of all material <br />subcontracts, which means those entered into necessary to the performance of the <br />RECIPIENT's functions and duties related to its core mission, issued in conjunction with the <br />projects undertaken and funds expended in the performance of this Agreement. The <br />RECIPIENT need not provide, unless specifically requested by the DEPARTMENT, non- <br />material contracts entered into for the normal operation of the RECIPIENT. <br />14. INDEPENDENT CAPACITY OF CONTRACTOR: <br />a. The Parties agree that the RECIPIENT, its officers, agents, and employees, in performance of <br />this Agreement, shall act in the capacity of an independent contractor. The RECIPIENT agrees <br />to take such steps as may be necessary to ensure that each subcontractor of the RECIPIENT will <br />be deemed to be an independent contractor and will not be considered or permitted to be an <br />agent of the State of Florida. <br />b. The RECIPIENT shall not pledge the State of Florida's nor the DEPARTMENT's credit not <br />make the State of Florida or the DEPARTMENT a guarantor of payment or surety for any <br />contract, debt, obligation, judgment lien, or any form of indebtedness. <br />15. LIABILITY: <br />The DEPARTMENT shall not assume any liability for the acts, omissions to act, or negligence of <br />the RECIPIENT, its agents, servants, or employees. In all instances, the RECIPIENT shall be <br />responsible for any injury or property damage resulting from any activities conducted by the <br />RECIPIENT. <br />16. INDEMNIFICATION: <br />The RECIPIENT, shall indemnify and hold the DEPARTMENT harmless to the fullest extent <br />permitted by law, from and against any and all claims or demands for damages resulting from <br />personal injury, and damage to real or personal tangible property. Without exception, the <br />RECIPIENT will indemnify and hold harmless the State of Florida and its employees and agents <br />from liability of any nature or kind, including costs and expenses for or on account of any <br />copyrighted, patented, or unpatented invention, process, or article manufactured by the <br />(W RECIPIENT. <br />