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removal. <br /> 4. It is understood between the parties hereto that the landscape covered by this Agreement may <br /> be removed,relocated or adjusted.at any time in the future as determined to be necessary by <br /> the DEPARTMENT in order that the adjacent state road be widened, altered or otherwise <br /> changed to meet with future criteria or planning of the DEPARTMENT. The AGENCY <br /> shall be given sixty(60)calendar days notice to remove said landscaping after which time the <br /> DEPARTMENT may remove same. <br /> 5. The DEPARTMENT agrees to enter into a contract for the installation of landscape project <br /> for an amount not to exceed$ 78,035.00 as defined in Exhibit C. <br /> The DEPARTMENT's participation in the project cost,as described in Exhibit C is limited <br /> to only those items which are directly related to this project.The agencies landscape architect <br /> or designee shall assist the DEPARTMENT in final inspection and provide written <br /> acceptance of the Project. <br /> 6. The AGENCY agrees to reimburse the DEPARTMENT all monies expended for the <br /> project, should the landscape/hardscape areas fail to be maintained in accordance with the <br /> terms and conditions of this Agreement. <br /> 7. This Agreement may terminated under any one (1) of the following conditions: <br /> (a) By the DEPARTMENT,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 /> documents,papers,letters,or other material subj ect to the provisions of Chapter 119, <br /> Florida Statutes, and made or received by the AGENCY in conjunction with this <br /> Agreement. <br /> 8. The term of this Agreement commences upon execution: <br /> 9. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the <br /> DEPARTMENT, its officers and employees from all suits, actions, claims and liability <br /> arising out of the AGENCY'S negligent performance of the work under this agreement, or <br /> due to the failure of the AGENCY to maintain the Project in conformance with the standards <br /> described in Section 2 of this Agreement. <br /> 10. The AGENCY may construct additional landscape/hardscape within the limits of the rights- <br /> of-ways identified as a result of this document, subject to the following conditions: <br /> (a) Plans for any new landscape/hardscape shall be' subject to approval by the <br /> --- — �,— 3 <br />