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do <br />• <br />11 <br />parties with whom it shall deal in carrying out the terms of this <br />Agreement, and shall indemnify and save the Grantee and the State <br />of Florida harmless against all claims, suits, liabilities and <br />damages, of whatever nature, arising out of the performance of <br />activities funded or contemplated under this Agreement. For <br />purposes of this Agreement, Subgrantee agrees that it is not an <br />employee or agent of the Grantee but is an independent <br />contractor. <br />(b) Any Subgrantee which is a State agency or subdivision, <br />as defined in Section 768.28, Fla,_ Stat._, agrees to be fully <br />responsible for its negligent acts or omissions or tortious acts, <br />and agrees to be liable for any damages proximately caused by <br />said acts or omissions. Nothing herein is intended to serve as a <br />waiver of sovereign immunity by any Subgrantee to which sovereign <br />immunity applies. Nothing herein shall be construed as consent <br />by a State agency or subdivision of the State of Florida to be <br />sued by third parties in any matter arising out of the <br />performance of this Agreement. <br />(c) Subgrantee represents and warrants that hazardous and <br />toxic materials, if present at any locations where the scope(s) <br />of work will be performed, are at levels within regulatory limits <br />and do not trigger action required by Federal, State or local <br />laws or regulations. Subgrantee further represents and warrants <br />that household hazardous waste meeting the definition set forth <br />in 40 CPR shall be handled in a manner which meets all Federal, <br />State and local laws and regulations. Subgrantee further <br />Pap 15 FEb1A•1100-[)R•FL <br />