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Department. In the event that the Department determines that a limited scope audit of the Recipient is <br /> appropriate , the Recipient agrees to comply with any additional instructions provided by the Department <br /> to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any <br /> inspections , reviews , investigations or audits deemed necessary by the Chief Financial Officer or Auditor <br /> General . In addition , the Department will monitor the performance and financial management by the <br /> Recipient throughout the contract term to ensure timely completion of all tasks . <br /> ( 9 ) LIABILITY <br /> ( a ) Unless Recipient is a State agency or subdivision , as defined in Section 768 . 28 , <br /> Fla . Stat . , the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the <br /> terms of this agreement, and shall hold the Department harmless against all claims of whatever nature by <br /> third parties arising out of the performance of work under this agreement. For purposes of this <br /> agreement , Recipient agrees that it is not an employee or agent of the Department, but is an independent <br /> contractor. <br /> ( b ) Any Recipient who is a state agency or subdivision , as defined in Section <br /> 768 . 28 , Fla . Stat. , agrees to be fully responsible to the extent provided by Section 768 . 28 Fla . Stat. for its <br /> negligent acts or omissions or tortious acts which result in claims or suits against the Department, and <br /> agrees to be liable for any damages proximately caused by said acts or omissions . Nothing herein is <br /> intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity <br /> applies . Nothing herein shall 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 /> ( 10 ) DEFAULT <br /> If any of the following events occur (" Events of Default ' ) , all obligations on the part of the <br /> Department to make any further payment of funds hereunder shall , if the Department so elects , terminate <br /> and the Department may , at its option , exercise any of its remedies set forth in Paragraph 11 , but the <br /> Department may make any payments or parts of payments after the happening of any Events of Default <br /> without thereby waiving the right to exercise such remedies , and without becoming liable to make any <br /> further payment : <br /> 8 <br />