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<br />B. Contractor shall submit to Department no later than the twentieth (20th) <br />day of the month after the end of each calendar quarter of the contract period <br />specified in Section 2, a Quarterly Progress Report of the progress, in <br />narrative form, of all construction and nonconstruction activities by budget <br />categories performed pursuant to Exhibit A, Performance Statement, and of the <br />expenditures and obligations of funds by budget category made pursuant to <br />Exhibit B, Budget, of this contract. The Quarterly Progress Report shall be <br />in a format prescribed by Department and shall include all such activities, <br />expenditures, and obligations made or performed under this contract during the <br />previous quarter. <br />C. Contractor shall submit a Certificate of Completion to Department no later <br />than sixty (60) days after the termination of the contract. The Certificate <br />of Completion shall be in a format prescribed by Department and sha11 inc1ude <br />a final Project Completion Report of all activities performed under this <br />contract. <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 in 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 witholds such payments, it <br />shall notify Contractor in writing of its decision and the reasons therefore. <br />Payments withheld pursuant to this 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 />SECTION 9. MONITORING <br />Department reserves the right to perform periodic on-site monitoring of <br />Contractor's 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 monitoring report shall include requirements for the time1y correction of <br />such deficiencies by Contractor. Failure by Contractor to take action <br />specified in the monitoring report may be cause for suspensi'on or termination <br />of this contract, as provided in Sections 17 and 18 of this contract. <br />SECTION 10. INDEPENDENT CONTRACTOR <br />It is expressly understood and agreed by the parties hereto that Department is <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 in connection with the services to be <br />performed by Contractor under this contract. <br /> Page 5 of 14 Pages <br />