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parties as a result of this Agreement. Unless the Subgrantee is <br />a State agency or subdivision as defined in Section 768.28, <br />Florida Statutes, the Subgrantee shall he solely responsible to <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 Grant(.-,- 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 />per fo:Lmancc oL this A91:eement . <br />(c) Subgrantee represents and warrants that hazardous and <br />to::ic m;atcrials, if present at any locations wi',--re 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 />