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d. If all required reports and copies are not sent to the Division or are not completed in a manner <br />acceptable to the Division, the Division may withhold further payments until they are completed or may <br />take other action as stated in Paragraph (15) REMEDIES. "Acceptable to the Division" means that the <br />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 required by <br />the Division. <br />f. The Recipient shall provide additional reports and information identified in the Quarterly Report <br />(Attachment D). <br />(12) MONITORING <br />a. 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 the Budget (Attachment A) and Scope of Work (Attachment B) to this <br />Agreement and reported in the Quarterly Report (Attachment D). <br />b. In addition to reviews of audits conducted in accordance with paragraph (10) AUDITS above, <br />monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope <br />audits, or 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 period of agreement to ensure timely <br />completion of all tasks. <br />(13) LIABILITY <br />a. Unless Recipient is a state agency or subdivision, as defined in Section 768.28, Florida <br />Statutes, 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 performed 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, Florida <br />Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims <br />or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or <br />omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve <br />as a waiver of sovereign immunity by any party to which sovereign immunity applies. Nothing herein shall <br />7 <br />