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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 item . <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 subject matter hereof that are not merged herein and superseded hereby.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 1 year, but any contract so made shall be executory only for <br /> the value of the services to be rendered or agreed to be paid for in succeeding fiscal years ; <br /> and this paragraph shall be incorporated verbatim in all contracts of the Department which <br /> are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25 , 000 . 00) and <br /> 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 /> of any nature whatsoever that may arise under or by reason of this Agreement, the <br /> prosecution or fulfillment of the service hereunder and the character, quality, amount and <br /> value thereof; and his decision upon all claims , questions and disputes shall be final and <br /> conclusive upon the parties hereto . <br /> 14 . This Agreement may not be assigned or transferred by the AGENCY in whole or part <br /> without the consent of the DEPARTMENT . <br /> 15 , This Agreement shall be governed by and construed in accordance with the laws of the State <br /> of Florida. In the event of a conflict between any portion of the contract and Florida law, the <br /> laws of Florida shall prevail . <br /> 4 <br />