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-RUE COPY <br />" Fgc.PTION ON LAST PAGE <br />:JTLFR, CLERK <br />hold the Division harmless against all claims of whatever nature by third parties arising from the work <br />performance under this Agreement. For purposes of this Agreement, Sub -Recipient agrees that it is not <br />an employee or agent of the Division but is an independent contractor. <br />b. As required by section 768.28(19), Florida Statutes, any Sub -Recipient which is a <br />state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully <br />responsible for its negligent or tortious acts or omissions which result in claims or suits against the <br />Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the <br />extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of <br />sovereign immunity by any Sub -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 be sued by third parties in <br />any matter arising out of any contract. <br />c. As defined in section 200.310 Insurance Coverage: The non-federal entity <br />shall, at a minimum, provide the equivalent insurance coverage for real property and equipment <br />acquired or improved with federal funds as provided to property owned by the non-federal entity. <br />Federally -owned property need not be insured unless required by the terms and conditions of <br />the federal award. <br />(15)DEFAULT <br />If any of the following events occur ("Events of Default'), all obligations on the part of the <br />Division to make further payment of funds shall terminate and the Division has the option to exercise any <br />of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments <br />after any events of default without waiving the right to exercise such remedies, and without becoming <br />liable to make any further payment if: <br />a. Any warranty or representation made by the Sub -Recipient in this Agreement or any <br />previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub - <br />Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any <br />previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to <br />meet its obligations under this Agreement; <br />b. Material adverse changes occur in the financial condition of the Sub -Recipient at any <br />time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within <br />thirty (30) days from the date written notice is sent by the Division; <br />c. Any reports required by this Agreement have not been submitted to the Division or <br />have been submitted with incorrect, incomplete, or insufficient information; or, <br />d. The Sub -Recipient has failed to perform and complete on time any of its obligations <br />under this Agreement. <br />(16)REMEDIES <br />12 <br />