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e. This agreement shall be terminated by the DIVISION because of failure of the GRANTEE to <br />fulfill its obligations under the agreement in a timely and satisfactory manner unless the <br />GRANTEE demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction <br />of obligations by GRANTEE shall be determined by the DIVISION, based on the terms and <br />conditions imposed on the GRANTEE in paragraphs I and III of this agreement and <br />guidelines for the State Aid to Libraries Grant Program. The DIVISION shall provide <br />GRANTEE a written notice of default letter. GRANTEE shall have 15 calendar days to <br />cure the default. If the default is not cured by GRANTEE within the stated period, the <br />DIVISION shall terminate this agreement, unless the GRANTEE demonstrates good cause <br />as to why it cannot cure the default within the prescribed time period. For purposes of this <br />agreement, "good cause" is defined as circumstances beyond the GRANTEE's control. <br />Notice shall be sufficient if it is delivered to the party personally or mailed to its specified <br />address. In the event of termination of this agreement, the GRANTEE will be compensated <br />for any work satisfactorily completed prior to notification of termination, if equitable. <br />f. The DIVISION shall unilaterally cancel this agreement in the event that the GRANTEE <br />refuses to allow public access to all documents or other materials made or received in regard <br />to this agreement that are subject to the provisions of Chapter 119, Florida Statutes. <br />GRANTEE agrees to immediately contact the DIVISION for assistance in the event that it <br />receives a public records request related to this agreement or the grant the it awards. <br />The DIVISION shall not be liable to pay attorney fees, interest, late charges and service fees, <br />or cost of collection related to the grant. <br />h. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of <br />the GRANTEE, its agents, servants, or employees; nor shall the GRANTEE exclude liability <br />for its own acts, omissions to act, or negligence to the DIVISION. In addition, the <br />GRANTEE hereby agrees to be responsible for any injury or property damage resulting from <br />any activities conducted by the GRANTEE. <br />i. The GRANTEE, other than a GRANTEE which is the State or agency or subdivision of the <br />State, agrees to indemnify and hold the DIVISION harmless from and against any and all <br />claims or demands for damages of any nature, including but not limited to personal injury, <br />death, or damage to property, arising out of any activities performed under this agreement <br />and shall investigate all claims at its own expense. <br />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 by the <br />DIVISION, such approval not to be unreasonably withheld, and provided that it is <br />understood by the GRANTEE that the DIVISION shall not be liable to the subcontractor for <br />any expenses or liabilities incurred under the subcontract and that the GRANTEE shall be <br />solely liable to the subcontractor for all expenses and liabilities incurred under the <br />subcontract. <br />k. Neither the State nor any agency or subdivision of the State waives any defense of sovereign <br />immunity, or increases the limits of its liability, upon entering into a contractual relationship. <br />g. <br />J• <br />State Aid to Libraries Grant Agreement Page 5 of 7 <br />Chapter 1B-2.011 (2)(a), Florida Administrative Code, Effective xx-xx-xxxx <br />