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8 . The term of this Agreement commences upon execution. <br /> 9 . To the extent permitted by law, the AGENCY shall indemnify and hold harmless the <br /> DEPARTMENT , its officers and employees from all suits , actions , claims and liability <br /> arising out of the AGENCY ' S negligent performance of the work under this agreement, or <br /> due to the failure of the AGENCY to maintain the Project in conformance with the standards <br /> described in Section 2 of this Agreement. <br /> 10 , The AGENCY may construct additional landscape/hardscape within the limits of the rights- <br /> of-ways identified as a result of this document, subject to the following conditions : <br /> (a) Plans for any new landscape/hardscape shall be subject to approval by the <br /> DEPARTMENT . The AGENCY shall not change or deviate from said plans <br /> without written approval by the DEPARTMENT . <br /> (b) All landscape shall be developed and implemented in accordance with appropriate <br /> state safety and road design standards ; <br /> (c) The AGENCY agrees to comply with the requirements of this Agreement with <br /> regard to any additional landscape installed ; <br /> (d) No change will be made in the payment terms established under item number five (5) <br /> of this Agreement due to any increase in cost to the DEPARTMENT resulting from <br /> the installation of landscape added under this paragraph. <br /> 11 . This writing embodies the entire Agreement and understanding between the parties hereto <br /> and there are no other agreements and understanding, oral or written, with reference to the <br /> subject matter hereof that are not merged herein and superseded hereby. <br /> 12 . The DEPARTMENT , during any fiscal year, shall not expend money, incur any liability, or <br /> enter into any contract which, by its terms , involves the expenditure of money in excess of <br /> the amounts budgeted as available for expenditure during such fiscal year. Any contract, <br /> verbal or written, made in violation of this subsection is null and void, and no money may be <br /> paid on such contract. The DEPARTMENT shall require a statement from the Comptroller <br /> of the DEPARTMENT that funds are available prior to entering into any such contract or <br /> other binding commitment of funds . Nothing herein contained shall prevent the making of <br /> contracts for periods exceeding one ( 1 ) year, but any contract so made shall be executory <br /> only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal <br /> years ; and this paragraph shall be incorporated verbatim in all contracts of the <br /> DEPARTMENT which are for an amount in excess of TWENTY FIVE THOUSAND <br /> DOLLARS ($25 , 000 . 00) and which have a term for a period of more than 1 year. <br /> 13 . The DEPARTMENT ' S District Secretary shall decide all questions , difficulties and disputes <br /> <�ad ��, ttinll( vo i.xl ear z �n�l Eras ia� , € . c:9 , [ . fig _ � �. r� _ _� , � ��47tt _ Iti <br /> 4 <br /> I <br />