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b. In addition to reviews of audits, monitoring procedures may include, but not be limited <br /> to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub-Recipient <br /> agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the <br /> Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is <br /> appropriate, the Sub-Recipient agrees to comply with any additional instructions provided by the Division <br /> to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate <br /> with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial <br /> Officer or Auditor General. In addition, the Division will monitor the performance and financial <br /> management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks. <br /> (14)LIABILITY <br /> a. Unless Sub-Recipient is a State agency or subdivision, as defined in section <br /> 768.28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out <br /> the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub-Recipient shall <br /> hold the Division harmless against all claims of whatever nature by third parties arising from the work <br /> performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that it is not <br /> an employee or agent of the Division, but is an independent contractor. <br /> b. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a <br /> state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully <br /> responsible for its negligent or tortious acts or omissions which result in claims or suits against the <br /> Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the <br /> extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of <br /> sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be <br /> construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in <br /> any matter arising out of any contract. <br /> (15)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 terminate and the Division has the option to exercise any <br /> of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments <br /> after any Events of Default without waiving the right to exercise such remedies, and without becoming <br /> liable to make any further payment: <br /> a. If any warranty or representation made by the Sub-Recipient in this Agreement or <br /> any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub- <br /> Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any <br /> previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to <br /> meet its obligations under this Agreement; <br /> 11 <br />