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Florida Statutes: <br />334.044(7) <br />850-03501 <br />PROGRAM MANAGEMENT <br />OGC —12/15 <br />Page 11 of 20 <br />other available insurance and shall not be more restrictive than the coverage afforded to <br />the Named Insured. The limits of coverage shall not be less than $1,000,000 for each <br />occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts <br />provided by an umbrella or excess policy. The limits of coverage described herein shall <br />apply fully to the work or operations performed under the Agreement, and may not be <br />shared with or diminished by claims unrelated to the Agreement. The policy/ies and <br />coverage described herein may be subject to a deductible. Pay all deductibles as required <br />by the policy. No policy/ies or coverage described herein may contain or be subject to a <br />Retention or a Self -Insured Retention. Prior to the execution of the Agreement, and at all <br />renewal periods which occur prior to final acceptance of the work, the Department shall be <br />provided with an ACORD Certificate of Liability Insurance reflecting the coverage <br />described herein. The Department shall be notified in writing within ten days of any <br />cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or <br />coverage described herein. The Department's approval or failure to disapprove any <br />policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to <br />procure and maintain the insurance required herein, nor serve as a waiver of any rights or <br />defenses the Department may have. <br />19. No funds received pursuant to this Agreement may be expended for the purpose of <br />lobbying the Florida Legislature, the judicial branch, or any state agency, in accordance <br />with Section 216.347, Florida Statutes. <br />20. The Recipient and the Department agree that the Recipient, its employees and its <br />subcontractors are not agents of the Department as a result of this Agreement. <br />21. This Agreement may be canceled by the Department in whole or in part at any time the <br />interest of the Department requires such termination. The Department also reserves the <br />right to seek termination or cancellation of the Agreement in the event the Recipient shall <br />be placed in either voluntary or involuntary bankruptcy. The Department further reserves <br />the right to terminate or cancel this Agreement in the event an assignment is made for the <br />benefit of creditors. This Agreement may be canceled by the Recipient upon sixty (60) <br />days written notice to the Department. If the Agreement is terminated before performance <br />is completed, the Recipient shall be paid only for that work satisfactorily performed for <br />which costs can be substantiated. <br />22. The Recipient shall not assign, sublicense, or otherwise transfer its rights, duties, or <br />obligations under this Agreement without the prior written consent of the Department, <br />which consent will not be unreasonably withheld. Any assignment, sublicense, or transfer <br />occurring without the required written approval will be null and void. The Department will <br />at all times be entitled to- assign- or transfer- its rights, duties, or obligations under this <br />Agreement to another governmental agency in the State of Florida, upon giving prior <br />written notice to the Recipient. In the event that the Department approves transfer of the <br />Recipient's obligations, the Recipient remains responsible for all work performed and all <br />expenses incurred in connection with this Agreement. <br />40 <br />