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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 />