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04 / 16 / 2003 13 : 17 5617705017 NATHAN MCCOLLUM PAGE 06 The Recipient further agrees to comply and cooperate with any inspections, reviews , investigations or audits deemed necessary by the Comptroller or Auditor General . In addition , the Department will monitor the performance and financial management by the Contractor throughout the contract term to ensure timely completion of all tasks . (8 ) LIABILITY . ( a) Unloss Recipient is a State agency or subdivision , the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement , and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement , Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor . ( b ) Any Recipient who is a state agency or subdivision , as defined in Section 768 , 28 , Fla . Stet . , agrees to be fully responsible to the extent provided by Section 768 .28 fLa.$j.qL for its negligent acts or omissions or tortious acts which result in claims or suits against the Department , and agrees to be liable for any damages proximately caused by said acts or omissions . Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies . Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract . (9 ) DEFAULT: REMEDIES: TERMINATION . ( a) If the necessary funds are not available to fund this Agreement as a result of action by Congress , the state Legislature , the Office of the Comptroller or the Office of Management and Budgeting , or if any of the following events occur ("Events of Default" ), all obligations on the part of the Department to make any further payment of funds hereunder shall , if the Department so elects , terminate and the Department may , at its option , exercise any of its remedies set forth herein , but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies , and without becoming liable to make any further payment . 1 , If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading In any respect , or if 5