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DocuSign Envelope ID: D46D7F52-794F-4099-9ED2-B904C7A8FE19 <br />Agreement # P0359 <br />the contrary, in no event shall the application of any financial consequences or recoupment <br />of Award Funds exceed the amount of Award Funds, plus interest. <br />2. Overpayments. If Grantee's (a) noncompliance with this Agreement or any applicable <br />federal, state, or local law, rule, regulation or ordinance, or (b) Grantee's performance or <br />nonperformance of any term or condition of this Agreement results in (i) an unlawful use of <br />Award Funds; (ii) a use of Award Funds that doesn't comply with the terms of this Agreement; <br />or (iii) a use which constitutes a receipt of Award Funds to which Grantee is not entitled (each <br />such event an "Overpayment"), then Grantee shall return such Overpayment of Award Funds <br />to DEO. <br />3. Discovery of Overpayments. Grantee shall refund any Overpayment of Award Funds to DEO <br />within 30 days of Grantee's discovery of an Overpayment, or receipt of notification from DEO <br />that and Overpayment has occurred. DEO is the final authority as to what may constitute an <br />Overpayment of Award Funds. Refunds should be sent to DEO's Agreement Manager, and <br />made payable to the "Department of Economic Opportunity". Should repayment not be <br />made in a timely manner, DEO may charge interest at the lawful rate of interest on the <br />outstanding balance beginning 30 days after the date of notification or discovery. <br />4. Right of Set -Off. DEO and the State shall have all of its common law, equitable and statutory <br />rights of set-off, including, without limitation, the State's option to withhold for the purposes <br />of set-off any moneys due to Grantee under this Agreement up to any amounts due and owing <br />to DEO with respect to this Agreement, any other contract with any State department or <br />agency, including any contract for a term commencing prior to the term of this Agreement, <br />plus any amounts due and owing to the State for any other reason. The State shall exercise <br />its set-off rights in accordance with normal State practices including, in cases of set-off <br />pursuant to an audit, the finalization of such audits by the State or its representatives. <br />M. INSURANCE <br />Unless Grantee is a state agency or subdivision as defined in s. 768.28(2), F.S., Grantee shall <br />provide and maintain at all times during this Agreement adequate commercial general liability <br />insurance coverage. A self-insurance program established and operating under the laws of the <br />State of Florida may provide such coverage. <br />Grantee, at all times during the Agreement, at Grantee's sole expense, shall provide commercial <br />insurance of such a type and with such terms and limits as may be reasonably associated with this <br />Agreement, which, as a minimum, shall be: workers' compensation and employer's liability <br />insurance in accordance with chapter 440, F.S., with minimum employer's liability limits of <br />$100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policy shall <br />cover all employees engaged in any Agreement work. <br />Grantee shall maintain insurance coverage of such types and with such terms and limits as may <br />be reasonably associated with this Agreement, as required by law, and as otherwise necessary <br />and prudent for the Grantee's performance of its operations in the regular course of business. <br />The limits of coverage under each policy maintained by Grantee shall not be interpreted as <br />limiting Grantee's liability and obligations under this Agreement. All insurance policies shall be <br />through insurers licensed and authorized to write policies in Florida, and such policies shall cover <br />all employees engaged in any Agreement work. Grantee shall maintain any other insurance <br />Page 8 of 37 <br />Rev.5/30/19 <br />