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removal . 4 . It is understood between the parties hereto that the landscape covered by this Agreement may be removed, relocated or adjusted at any time in the future as determined to be necessary by the DEPARTMENT in order that the adjacent state road be widened, altered or otherwise changed to meet with future criteria or planning of the DEPARTMENT . The AGENCY shall be given sixty (60) calendar days notice to remove said landscaping after which time the DEPARTMENT may remove same . 5 . The DEPARTMENT agrees to enter into a contract for the installation of landscape project for an amount not to exceed $ 78 , 035 . 00 as defined in Exhibit C . The DEPARTMENT ' s participation in the project cost, as described in Exhibit C is limited to only those items which are directly related to this project. The agencies landscape architect or designee shall assist the DEPARTMENT in final inspection and provide written acceptance of the Project . 6 , The AGENCY agrees to reimburse the DEPARTMENT all monies expended for the project, should the landscape/hardscape areas fail to be maintained in accordance with the terms and conditions of this Agreement . 7 , This Agreement may be terminated under any one ( 1 ) of the following conditions : (a) By the DEPARTMENT, if the AGENCY fails to perform its duties under Paragraph 3 , following ten ( 10) days written notice . (b) By the DEPARTMENT , for refusal by the AGENCY to allow public access to all documents , papers , letters , or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this Agreement. 8 . The term of this Agreement commences upon execution. 9 . To the extent permitted by law, the AGENCY shall indemnify and hold harmless the DEPARTMENT , its officers and employees from all suits , actions, claims and liability arising out of the AGENCY ' S negligent performance of the work under this agreement, or due to the failure of the AGENCY to maintain the Project in conformance with the standards described in Section 2 of this Agreement . 10 , The AGENCY may construct additional landscape/hardscape within the limits of the rights- of-ways identified as a result of this document, subject to the following conditions : (a) Plans for any new landscape/hardscape shall be subject to approval by the 3