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<br /> <br />C. Contractor shall submit a Certificate of Completion to Department no later <br />than ninety (90) days after the completion of the activities specified in <br />Exhibit A of this contract. The Certificate of Completion shall be in a <br />format prescribed by Department and shall include a final Project Completion <br />Report of all activities performed under this contract. <br /> <br />D. In addition to the limitations on liability otherwise specified in this <br />contract, it is expressly understood and agreed by the parties hereto that if <br />Contractor fails to submit to Department 1n a timely and satisfactory manner <br />any report required by this contract, Department may, at its sole option and <br />in its sole discretion, withhold any or all payments otherwise due or <br />requested by Contractor hereunder. If Department withholds such payments, it <br />shall notify Contractor in writing of its decision and the reasons therefore. <br />Payments withheld pursuant to th1s paragraph may be held by Department until <br />such time as the delinquent obligations for which funds are withheld are <br />fulfilled by Contractor. <br /> <br />SECTION 9. <br /> <br />MONITORING <br /> <br />Department reserves the right to perform per1odic on-site mon1tor1ng of <br />Contractor1s compliance with the terms and conditions of this contract, and of <br />the adequacy and timeliness of Contractor's performances under this contract. <br />After each monitoring visit, Department shall provide Contractor with a <br />written report of the monitor's findings. If the monitoring reports notes <br />deficiencies in Contractor's performances under the terms of this contract, <br />the mon1toring report shall include requirements for the timely correction of <br />such deficiencies by Contractor. Failure by Contractor to take action <br />specified in the monitoring report may be cause for suspension or termination <br />of this contract, as provided in Sections 17 and 18 of this contract. <br /> <br />SECTION 10. <br /> <br />INDEPENDENT CONTRACTOR <br /> <br />It is expressly understood and agreed by the parties hereto that Department ;s <br />contracting with Contractor as an Independent Contractor, and that Contractor, <br />as such, agrees to hold Department harmless and to indemnify Department from <br />and against any and all claims, demands, and causes of action of every kind <br />and character which may be asserted by any third party occurring or in any way <br />incident to, arising out of, or 1n connection with the serv1ces to be <br />performed by Contractor under this contract. <br /> <br />Page 5 of 14 <br />