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(d) No change will be made in the payment terns established under item number five (5 ) of this Agreement due to any increase in cost to the DEPARTMENT resulting from the installation of landscape added under this paragraph . 11 . This writing embodies the entire Agreement and understanding between the parties hereto and there are no other Agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 12 . The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which , by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money maybe paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds . Nothing herein contained shall prevent the making of contracts for periods exceeding one ( 1 ) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years ; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS (525 , 000 . 00) and which have a term for a period of more than 1 year. 13 . The DEPARTMENT ' S District Secretary shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto . 14 . This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT . 15 . This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail . 16 . Any and all notices given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail, return receipt requested. All notices shall be sent to the following addresses : If to the Department: If to the Agency : State of Florida Department of Transportation Indian River County 3400 West Commercial Blvd . 1840 25 'h Street Fort Lauderdale, Florida 33309 Vero Beach, Florida 32960 Attention : Elisabeth A . Hassett, R.L.A . Attention : Mr. James W . Davis, P . E . FDOT District IV Landscape Architect Public Works Director Page 5