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k. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the
<br /> SUBGRANTEE, its agents, servants or employees; nor shall the SUBGRANTEE exclude liability for its
<br /> own acts, omissions to act or negligence to the DIVISION. In addition, the SUBGRANTEE hereby agrees
<br /> to be responsible for any injury or property damage resulting from any activities conducted by the
<br /> SUBGRANTEE.
<br /> 1. The SUBGRANTEE, other than a SUBGRANTEE which is the State or agency or subdivision of the State,
<br /> agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for
<br /> damages of any nature, including but not limited to personal injury, death, or damage to property, arising
<br /> out of any activities performed under this agreement and shall investigate all claims at its own expense.
<br /> in. The SUBGRANTEE shall be responsible for all work performed and all expenses incurred in connection
<br /> with the Project. The SUBGRANTEE may subcontract as necessary to perform the services set forth in
<br /> this agreement, including entering into subcontracts with vendors for services and commodities,
<br /> PROVIDED THAT such subcontract has been approved by the DIVISION prior to its execution, and
<br /> PROVIDED THAT it is understood by the SUBGRANTEE that the DIVISION shall not be liable to the
<br /> subcontractor for any expenses or liabilities incurred under the subcontract and that the SUBGRANTEE
<br /> shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract.
<br /> n. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or
<br /> increases the limits of its liability, by entering into this contractual relationship.
<br /> o. The SUBGRANTEE, its officers, agents, and employees, in performance of this agreement, shall act in the
<br /> capacity of an independent contractor and not as an officer, employee or agent of the DIVISION. Under
<br /> this agreement, SUBGRANTEE is not entitled to accrue any benefits of state employment, including
<br /> retirement benefits and any other rights or privileges connected with employment in the State Career
<br /> Service. SUBGRANTEE agrees to take such steps as may be necessary to ensure that each subcontractor
<br /> of the SUBGRANTEE will be deemed to be an independent contractor and will not be considered or
<br /> permitted to be an agent, servant, joint venturer, or partner of the DIVISION.
<br /> p. The SUBGRANTEE shall not assign, sublicense or otherwise transfer its rights, duties, or obligations under
<br /> this agreement without prior written consent of the DIVISION, which consent shall not be unreasonably
<br /> withheld. The agreement transferee must demonstrate compliance with the requirements of the program. If
<br /> the Department approves a transfer of the SUBGRANTEE' s obligations, the SUBGRANTEE remains
<br /> responsible for all work performed and all expenses incurred in connection with the agreement. In the
<br /> event the Legislature transfers the rights, duties, and obligations of the DIVISION to another government
<br /> entity pursuant to section 20.06, Florida Statutes, or otherwise, the rights, duties, and obligations under this
<br /> agreement shall also be transferred to the successor government entity as if it were an original party to this
<br /> agreement.
<br /> q. This agreement shall bind the successors, assigns and legal representatives of the SUBGRANTEE and of
<br /> any legal entity that succeeds to the obligations of the DIVISION.
<br /> r. When publications, films or similar materials are developed, directly or indirectly, from a program, project,
<br /> or activity supported with grant funds, any copyright resulting therefrom shall be held by the Department of
<br /> State. The author may arrange for copyright of such materials only after approval from the DIVISION.
<br /> Any copyright arranged for by the author shall include acknowledgment of grant assistance. As a condition
<br /> of grant assistance, the SUBGRANTEE agrees to, and awards to the Department and to its officers, agents,
<br /> and employees acting within the scope of their official duties, and if applicable, the Federal Government, a
<br /> royalty-free, nonexclusive, and irrevocable license throughout the world for official purposes, to publish,
<br /> translate, reproduce, and use all subject data or copyrightable material based on such data covered by the
<br /> copyright.
<br /> s . No costs incurred before the date of this agreement shall be eligible as project expenditures. No costs
<br /> incurred after the completion date or other termination of the Agreement shall be eligible as project
<br /> expenditures unless specifically authorized by the DIVISION.
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