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( a ) Maintain the landscape or a part thereof, with DEPARTMENT or contractor ' s <br /> personnel and invoice the AGENCY for expenses incurred , or <br /> ( b ) Terminate the Agreement in accordance with Paragraph 7 of this Agreement and <br /> remove , by DEPARTMENT or contractor ' s personnel , all of the <br /> landscape/`hardscape installed under this Agreement or any preceding agreements <br /> except as to trees and pilins and charge the AGENCY the reasonable cost of such <br /> removal . <br /> 4. It is understood between the parties hereto that the landscape improvements covered by this <br /> Agreement maybe removed, relocated or adjusted at any time in the future as determined to <br /> be necessary by the DEPARTMENT in order that the adjacent state road be widened , altered <br /> or otherwise changed to meet with future criteria or planning of the DEPARTMENT . The <br /> AGENCY shall be given sixty ( 60) calendar days notice to remove said landscape <br /> improvements after which time the DEPARTMENT may remove same . All permits <br /> ( including tree permits) , fees , and any mitigation associated with the removal , relocation or <br /> adjustments of these improvements are the maintaining AGENCY ' S responsibility. <br /> 5 . The AGENCY agrees to reimburse the DEPARTMENT all monies expended by the <br /> DEPARTMENT for the project listed in Exhibit B in the amounts listed in those <br /> agreements should the landscape improvement areas fail to be maintained in accordance with <br /> the terms and conditions of this Agreement in the amounts listed in those agreements . <br /> The AGENCY shall be invited to assist the DEPARTMENT in final inspection . <br /> The DEPARTMENT agrees to enter into a contract for the installation of landscape Project <br /> for an amount not to exceed S 370,329.93 as defined in Exhibit D . <br /> The DEPARTMENT ' S participation in the Project cost, as described in Exhibit D is limited <br /> to only those items which are directly related to this Project . The AGENCY shall be invited <br /> to assist the DEPARTMENT in final inspection at the end of the contractor ' s 90 day <br /> warranty and establishment period . <br /> 6 . The AGENCY agrees to reimburse the DEPARTMENT all monies expended by the <br /> DEPARTMENT for the project listed in Exhibit B in the amount listed in the Agreement <br /> should the landscape improvement areas fail to be maintained accordance with the terms and <br /> conditions of this Agreement in the amounts listed in those agreements . <br /> 7 . This Agreement may be terminated under any one ( 1 ) of the following conditions : <br /> ( a ) By the DEPARTNIEN "r , if the AGENCY fails to perform its duties under Paragraph <br /> 3 , following ten ( 10 ) days written notice . <br /> ( b ) By the DEPARTMENT , for refusal by the AGENCY to allow public access to all <br /> Page 4 <br />