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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <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 agrees <br />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 />keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement <br />with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations <br />under this Agreement; <br />b. If material adverse changes occur in the financial condition of the Recipient at any time <br />during the period of agreement, and the Recipient fails to cure this adverse change within thirty (30) days <br />from the date written notice is sent by the Division. <br />c. If any reports required by this Agreement have not been submitted to the Division or have <br />been submitted with incorrect, incomplete or insufficient information; <br />If the Recipient has failed to perform and complete on time any of its obligations under this <br />Agreement. <br />(15) REMEDIES <br />If an Event of Default occurs, then the Division shall, after thirty (30) days written notice to the <br />Recipient and upon the Recipient's failure to cure within those thirty (30) days, exercise any one or more <br />of the following remedies, either concurrently or consecutively: <br />7 <br />