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contractors and subcontractors that perform work pursuant to this Agreement comply with the <br />requirements of Chapter 119, F.S., as applicable. <br />9. LIABILITY <br />9.1. The Grantee is solely responsible to parties it deals with in carrying out the terms of this Agreement <br />and, subject to the limitation of section 768.28, F.S., the Grantee shall hold the Department harmless <br />against all claims of whatever nature by third parties arising from performance under this Agreement. <br />9.2. The Grantee, a subdivision as defined in section 768.28, F.S., agrees to be fully responsible for its <br />negligent or tortious acts or omissions which result in claims or suits against the Department and agrees <br />to be liable for any damages proximately caused by the acts or omissions to the extent set forth in <br />section 768.28, F.S. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity <br />by the Grantee. Nothing in this Agreement may be construed as consent by a state agency or <br />subdivision of the state to be sued by third parties in any matter arising out of any contract. <br />10. EVENTS OF DEFAULT <br />If any of the following events occur ("Events of Default"), all obligations to make any further payment of <br />funds shall, if the Department elects, terminate and the Department has the option to exercise any of the <br />remedies set forth herein. However, the Department may make payments or partial payments after any <br />Events of Default without waiving the right to exercise such remedies and without becoming liable to make <br />any further payment. The Events of Default are: <br />10.1. If any warranty or representation made by the Grantee in this Agreement or any previous agreement <br />with the Department is or becomes false or misleading in any respect; <br />10.2. If the Grantee fails to keep or timely perform any of the obligations, terms, or covenants in this <br />Agreement or any previous agreement with the Department and has not cured them in a timely <br />fashion; <br />10.3. If material adverse changes occur in the financial condition of the Grantee at any time during the <br />term of this Agreement; or <br />10.4. If any reports required by this Agreement have not been submitted to the Department or have been <br />submitted with incorrect, incomplete, or insufficient information. <br />11. REMEDIES <br />If an Event of Default occurs, then the Department shall provide a written notice to the Grantee, and, upon <br />the Grantee's failure to cure the default within the thirty (30) calendar days, the Department may exercise <br />any one (1) or more of the following remedies, either concurrently or consecutively: <br />11.1. terminate this Agreement in accordance with Section 12, Termination, below; <br />11.2. withhold or suspend the payment of all or any part of a request for payment; <br />11.3. exercise any corrective or remedial actions, including but not limited to: <br />11.3.1. request additional information from the Grantee to determine the reasons for or the extent <br />of non-compliance or lack of performance; <br />11.3.2. issue a written warning to advise that more serious measures may be taken if the situation is <br />not corrected; or <br />11.3.3. advise the Grantee to suspend, discontinue, or refrain from incurring costs for any activities <br />in question. <br />