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material . Such audit may include examination and review of the source and application of all funds whether from the state, local or federal government, private sources or otherwise. These records shall be maintained for five (5) years following the close of this contract. In the event any work is subcontracted , the GRANTEE shall require each subcontractor to similarly maintain records and allow access to such records for audit purposes. LIABILITY 23 . Each Party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768. 28 , Florida Statutes. NON-DISCRIMINATION 24 . No person , on the grounds of race, creed , color, national origin , age , sex , or disability, shall be excluded from participation in , be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. PROHIBITION OF DISCRIMINATORY VENDORS 25. In accordance with Section 287 . 134 , Florida Statutes , an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid , proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid , proposal or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids , proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. NON-ASSIGNMENT 26. This Agreement is an exclusive agreement for services and may not be assigned in whole or in part without the written approval of the COMMISSION . REMEDIES 27. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the COMMISSION . 28 . It is understood by the parties that remedies for damages or any other remedies provided for herein shall be construed to be cumulative and not exclusive of any other remedy otherwise available under law. SEVERABILITY AND CHOICE OF VENUE 29 . This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith , in law or equity , shall be brought in Leon County, Florida. NO THIRD PARTY RIGHTS 30. The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party. Page 4 of 19