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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 /> 5 <br /> 80 <br />