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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />b) Neither the state nor any agency or subdivision of the state waives any defense of <br />sovereign immunity or increases the limits of its liability by entering into this Agreement. <br />c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or <br />cost of collection related to this Agreement. <br />d) The Grantee shall be responsible for all work performed and all expenses incurred in <br />connection with the project. The Grantee may subcontract as necessary to perform the <br />services set forth in this Agreement, including entering into subcontracts with vendors for <br />services and commodities, provided that such subcontract has been approved in writing <br />by the Department prior to its execution and provided that it is understood by the Grantee <br />that the Department shall not be liable to the subcontractor for any expenses or liabilities <br />incurred under the subcontract and that the Grantee shall be solely liable to the <br />subcontractor for all expenses and liabilities incurred under the subcontract. <br />25. Strict Compliance with Laws. The Grantee shall perform all acts required by this <br />Agreement in strict conformity with all applicable laws and regulations of the local, state and <br />federal law. For consequences of noncompliance, see Section 4-9 18, Noncompliance. <br />26. No Discrimination. The Grantee may not discriminate against any employee employed <br />under this Agreement or against any applicant for employment because of race, color, <br />religion, gender, national origin; age, handicap or marital status. The Grantee shall insert a <br />similar provision in all of its subcontracts for services under this Agreement. <br />27. Breach of Agreement. The Division will demand the return of grant funds already received, <br />will withhold subsequent payments and/or will terminate this agreement if the Grantee <br />improperly expends and manages grant funds; fails to prepare, preserve or surrender records <br />required by this Agreement; or otherwise violates this Agreement. <br />28. Termination of Agreement. The Division will terminate or end this Agreement if the <br />Grantee fails to fulfill its obligations herein. In such event, the Division will provide the <br />Grantee a notice of its violation by letter and shall give the Grantee fifteen (15) calendar days <br />from the date of receipt to cure its violation. If the violation is not cured within the stated <br />period, the Division will terminate this Agreement. The notice of violation letter shall be <br />delivered to the Grantee's Contract Manager, personally, or mailed to his/her specified <br />address by a method that provides proof of receipt. In the event that the Division terminates <br />this Agreement, the Grantee will be compensated for any work completed in accordance with <br />this Agreement prior to the notification of termination if the Division deems this reasonable <br />under the circumstances. Grant funds previously advanced and not expended on work <br />completed in accordance with this Agreement shall be returned to the Division, with interest, <br />within thirty (30) days after termination of this Agreement. The Division does not waive any <br />of its rights to additional damages if grant funds are returned under this Section. <br />29. Preservation of Remedies. No delay or omission to exercise any right, power or remedy <br />accruing to either party upon breach or violation by either party under this Agreement shall <br />State Aid to Libraries Grant Agreement (Form DLIS/SA02) Page 7 of 9 <br />Chapter IB -2.011(2)(a), Florida Administrative Code, Effective 7-2016. <br />