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The Division of Emergency Management <br />DEMSingle Auditqa-)_em.myflorida.com <br />DEMSingle_Audit@em.myflorida.com <br />OR <br />Office of the Inspector General <br />2555 Shumard Oak Boulevard <br />Tallahassee, Florida 32399-2100 <br />The Auditor General <br />Room 401, Claude Pepper Building <br />111 West Madison Street <br />Tallahassee, Florida 32399-1450 <br />(9) 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) As required by section 768.28(19), Florida Statutes, any Recipient which is a state <br />agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for <br />its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees <br />to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section <br />768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any <br />Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state <br />agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any <br />contract. <br />(10) DEFAULT <br />If any of the following events occur ("Events of Default'), all obligations on the part of the Division to make <br />further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise <br />any of its remedies set forth in Paragraph (11) REMEDIES; however, the Division may make payments or <br />partial payments after any Events of Default without waiving the right to exercise such remedies, and <br />without becoming liable to make any further payment.- <br />(a) <br />ayment:(a) If any warranty or representation made by the Recipient in this Agreement or any <br />previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient <br />fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous <br />