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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />24. Liability. The Division will not assume any liability for the acts, omissions to act or negligence of <br />the Grantee, its agents, servants or employees; nor may the Grantee exclude liability for its own <br />acts, omissions to act or negligence to the Division. <br />a) The Grantee shall be responsible for claims of any nature, including but not limited to injury, <br />death and property damage arising out of activities related to this Agreement by the Grantee, its <br />agents, servants, employees and subcontractors. The Grantee shall indenmify and hold the Division <br />harmless from any and all claims of any nature and shall investigate all such claims at its own <br />expense. If the Grantee is governed by Section 768.28, Florida Statutes, it shall only be obligated <br />in accordance with this Section. <br />b) 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 by entering into this Agreement. <br />c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of <br />collection related to this Agreement. <br />d) The Grantee shall be responsible for all work performed and all expenses incurred in connection <br />with the project. The Grantee may subcontract as necessary to perform the services set forth in this <br />Agreement, including entering into subcontracts with vendors for services and commodities, <br />provided that such subcontract has been approved in writing by the Department prior to its execution <br />and provided that it is understood by the Grantee that the Department shall not be liable to the <br />subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee <br />shall be solely liable to the subcontractor for all expenses and liabilities incurred under the <br />subcontract. <br />25. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in <br />strict conformity with all applicable laws and regulations of the local, state and federal law. For <br />consequences of noncompliance, see Section 18, Noncompliance. <br />26. No Discrimination. The Grantee may not discriminate against any employee employed under this <br />Agreement or against any applicant for employment because of race, color, religion, gender, <br />national origin, age, handicap, pregnancy or marital status. The Grantee shall insert a similar <br />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, will <br />withhold subsequent payments and/or will terminate this agreement if the Grantee improperly <br />expends and manages grant funds; fails to prepare, preserve or surrender records required by this <br />Agreement; or otherwise violates this Agreement. <br />State Aid to libraries dant Agreement (Form DLIS/SA02) <br />Chapter IB-1011(2xa), Florida Administrative Code, Effective 07-2017. Page 6 of 15 <br />