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40 <br />40 <br />i <br />whatever nature by third parties arising out of the performance of work under this <br />Agreement. For purposes of this Agreement, Recipient agrees that it is not an <br />employee or agent of the Department, but is an independent contractor. <br />B. Any Recipient who is a state agency or subdivision, as defined in Section 768.28, <br />Flo 'd� r► a Statutes, agrees to be fully responsible for its negligent acts or omissions <br />or tortious acts which result in claims or suits against the Department, and agrees <br />to be liable for any damages proximately caused by said acts or omissions. <br />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 <br />construed as consent by a state agency or subdivision of the State of Florida to he <br />sued by third parties in any matter arising out of any contract. <br />VII. NflN MI'LIANCE DEFAULT REMFD ES AND TERMINATION <br />A. If the Recipient fails to comply with any term applicable to an award under Rule <br />Chapter 9G-191~.A.C., or this Agreement, the Department may take one or more <br />of the following actions, as indicated by the attendant circumstances: <br />1. temporarily withhold cash payments, pending correction of the deficiency, <br />or withhold the final 10 percent of the grant award until the final work <br />product is completed, submitted and determined to be acceptable by the <br />Department; <br />2. disallow all or part of the cost of the activity or action not in compliance; <br />3. suspend or terminate the award: <br />4. disallow future participation in the program or funding provided under this <br />rule chapter; <br />S. recover all funds provided under the current award. <br />B. Costs of the Recipient resulting from obligations incurred by the Recipient during <br />suspension or after termination of an award are not allowable unless the <br />Department expressly authorizes them in the notice of suspension or termination, <br />or subsequently authorizes them in writing. Other Recipient costs during <br />suspension or after termination which are necessary and not reasonably avoidable <br />may be allowable if: <br />the costs result from obligations which were properly incurred by the <br />Recipient before the effective date of the suspension or termination, are <br />not in anticipation of the suspension or termination, ..nd, in the case of <br />termination, are not cancelable, and <br />