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0 ( D ) The payment of funds under this Agreement will be made : Directly to the DEPARTMENT for deposit and as provided in the Memorandum of Agreement (MOA) between PARTICIPANT , DEPARTMENT , and the State of Florida , Department of Financial Services , Division of Treasury , a copy of which is attached hereto as Exhibit " B " . NOTE : The MOA is a benefit to both the DEPARTMENT and the PARTICIPANT . Interest earned will be used for any additional costs of PARTICIPANT responsibility . Any unused funds , including interest , will be provided to the PARTICIPANT after the final accounting of the PROJECT has been performed . ( E ) The DEPARTMENT ' S obligation to pay any sum pursuant to this Agreement is contingent upon an annual appropriation by the Florida Legislature . 5 . In the event the PROJECT modifications or changes to bid items occur that increase or exceed the amount authorized in paragraph 4 , the PARTICIPANT will be notified by the DEPARTMENT . The PARTICIPANT agrees to provide , without delay , additional funding needed to complete the PROJECT by means of a Supplemental Amendment , to be signed by both parties before work is undertaken . The DEPARTMENT acknowledges and agrees that any additional funding provided by the PARTICIPANT shall be reimbursed in addition to the amount authorized in paragraph 4 , during the scheduled reimbursement . The DEPARTMENT shall notify the PARTICIPANT as soon as it becomes apparent the actual costs will overrun the award amount . However , failure of the DEPARTMENT to so notify the PARTICIPANT shall not relieve the PARTICIPANT from its obligation to pay for its full participation during the PROJECT and on final accounting as provided herein . Funds due from the PARTICIPANT during the PROJECT not paid within forty (40 ) days calendar days from the date of the invoice are subject to an interest charge at a rate established pursuant to Section 55 . 03 , F . S . 6 . In the event it becomes necessary for the DEPARTMENT to institute suit for the enforcement of the provisions of this Agreement , each party shall be responsible to pay their own attorney fees and court costs . 7 . This AGREEMENT and any interest herein shall not be assigned , transferred or otherwise encumbered by the PARTICIPANT under any circumstances without the prior written consent of the DEPARTMENT . However , this AGREEMENT shall run to the DEPARTMENT and its successors . 8 . Except as otherwise set forth herein , this AGREEMENT shall continue in effect and be binding to both the PARTICIPANT and the DEPARTMENT until the PROJECT is completed as evidenced by the written acceptance of the DEPARTMENT , or June 30 , 2011 whichever occurs first . 9 . The PARTICIPANT warrants that it has not employed or obtained any company or person , other than bona fide employees of the PARTICIPANT , to solicit or secure this AGREEMENT , and it has not paid or agreed to pay any company , corporation , individual or firm , other than a 4of7