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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />HYAN L. BUTLER, CLERK <br />(17) LIABILITY <br />A. The Recipient is solely responsible to parties it deals with in carrying out the terms <br />of this Agreement and, subject to the limitation of section 768.28, F.S., Recipient <br />shall hold Department harmless against all claims of whatever nature by third <br />parties arising from work performed, under this Agreement. <br />B. Recipient, a subdivision as defined in. section 768.28, F.S., agrees to be fully <br />responsible forits. negligent or tortious acts or omissions which result in claims or <br />suits against the Department and -agrees to be liable -for any damages proximately <br />caused by the .acts or omissions to the extent set forth in section 768.28, F.S.. <br />Nothing in this Agreement is intended to serve as a waiver of sovereign immunity <br />by any Recipient to which sovereign immunity applies. Nothing in this Agreement <br />may be construed as consent by -a state agency or subdivision of the State of <br />Florida to be sued by third parties in any matter arising out of any contract. <br />(18) DEFAULT <br />If any of the following events occur ("Events of Default'), all obligations on the part of <br />the Department to make any further payment of funds shall, if the Department elects, <br />terminate and the Department has the option.to exercise any of its remedies set forth <br />-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 <br />becoming liable to make any_further payment: <br />A. If any warranty or representation made by the Recipient in this Agreement or any <br />previous agreement with the Department is or becomes false or misleading in any <br />respect. <br />B. If the Recipient fails to keep or perform any of the obligations, terms, or covenants <br />in this Agreement with the Department and has not cured them in a timely fashion <br />or is unable or unwilling to meet its obligations under this Agreement. <br />C. If material adverse changes occur,in the financial condition of the Recipient at any <br />time during the term of this Agreement, and the Recipient fails to cure this adverse <br />change within thirty (30) days from the date written notice is sent by the <br />Department. <br />D. If anyreports required by this Agreement have not been submitted to the <br />Department or have been submitted with incorrect,_ incomplete, or insufficient <br />information. <br />E. If the Recipient has failed to -perform and complete on time any of its obligations <br />under this Agreement. . <br />(19) REMEDIES <br />If an Event of Default occurs, then the Department shall provide a written notice to the <br />Recipient and may exercise any one: or more of the following remedies, either <br />concurrently or consecutively: <br />A. Terminate this Agreement pursuant to the terms in Section 20, Termination, of this <br />Agreement; <br />DMS -P1-25-07-17 Page 11 of 18 <br />