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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 Attachment C to this Agreement and reported in the Quarterly Report. <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 />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 this Agreement. <br />(14) DEFAULT <br />If any of the following events occur ("Events of Default"). all obligations on the part of the Division <br />to make further payment of funds shall, if the Division elects, terminate and the Division has the option to <br />exercise any of its remedies set forth in Paragraph (15) REMEDIES. 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 previous <br />agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to <br />7 <br />