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(d) If all required reports and copies are not sent to the Division or are not completed in a <br />manner acceptable to the Division, the Division may withhold further payments until they are completed or <br />may take other action as stated in Paragraph (11) REMEDIES "Acceptable to the Division" means that <br />the work product was completed in accordance with the Budget and Scope of Work. <br />(e) The Recipient shall provide additional program updates or information that may be <br />required by the Division <br />(f) The Recipient shall provide additional reports and information identified in Attachment <br />E. <br />(8) MONITORING <br />The Recipient shall monitor its performance under this Agreement, as well as that of its <br />subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that <br />time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished <br />within the specified time periods, and other performance goals are being achieved A review shall be <br />done for each function or activity in Attachment B to this Agreement, and reported in the quarterly report. <br />In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring <br />procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or <br />other procedures The Recipient agrees to comply and cooperate with any monitoring <br />procedures/processes deemed appropriate by the Division In the event that the Division determines that <br />a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional <br />instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees <br />to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the <br />Florida Chief Financial Officer or Auditor General In addition, the Division will monitor the performance <br />and financial management by the Recipient throughout the contract term to ensure timely completion of <br />all tasks. <br />(9) LIABILITY <br />(a) Unless Recipient is a State agency or subdivision, as defined in Section 768 28, Fla. <br />Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this <br />Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties <br />arising from the work performance under this Agreement. For purposes of this Agreement, Recipient <br />agrees that it is not an employee or agent of the Division, but is an independent contractor <br />(b) Any Recipient which is a state agency or subdivision, as defined in Section 768 28, <br />Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in <br />claims or suits against the Division, and agrees to be liable for any damages proximately caused by the <br />acts or omissions to the extent set forth in Section 768 28, Fla. Stat. Nothing herein is intended to serve <br />as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies Nothing herein <br />shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third <br />parties in any matter arising out of any contract. <br />(10) 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, if the Division elects, terminate and the Division has the <br />option to exercise any of its remedies set forth in Paragraph (11) However, the Division may make <br />payments or partial payments after any Events of Default without waiving the right to exercise such <br />remedies, and without becoming liable to make any further payment: <br />(a) If any warranty or representation made by the Recipient in this Agreement or any <br />previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient <br />fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous <br />agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its <br />obligations under this Agreement; <br />4 <br />