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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the <br />Division but is an independent contractor. <br />b. Any Recipient which is a State agency or subdivision, as defined in section 768.28, Florida Statutes, <br />agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against <br />the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent <br />set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign <br />immunity by any party to which sovereign immunity applies. Nothing herein shall be construed as consent by a <br />State agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of this <br />Agreement. <br />(14) DEFAULT <br />If any of the following events occur ("Events of Default"), all obligations on the part of the Division to <br />make 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 (15) 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 without <br />becoming liable to make any further payment: <br />a. If any warranty or representation made by the Recipient in this Agreement or any previous <br />agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or <br />perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the <br />Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this <br />Agreement; <br />b. If material adverse changes occur in the financial condition of the Recipient at any time during the <br />period of agreement, and the Recipient fails to cure this adverse change within thirty (30) days from the date <br />written notice is sent by the Division. <br />c. If any reports required by this Agreement have not been submitted to the Division or have been <br />submitted with incorrect, incomplete or insufficient information. <br />d. If the Recipient has failed to perform and complete on time any of its obligations under this <br />Agreement. <br />(15) REMEDIES <br />If an Event of Default occurs, then the Division shall, after thirty (30) days written notice to the Recipient <br />and upon the Recipient's failure to cure within those thirty (30) days, exercise any one or more of the following <br />remedies, either concurrently or consecutively: <br />a. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written <br />notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage <br />prepaid, by Registered Mail T11 or Certified Mail®, Return Receipt Requested, to the address in Paragraph (2) <br />CONTACT herein. <br />b. Begin an appropriate legal or equitable action to enforce performance of this Agreement. <br />c. Withhold or suspend payment of all or any part of a request for payment. <br />7 <br />