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which is 12.5% of the project cost. In the event PARTICIPANT'S share of the project cost is more than the estimated NINETY THOUSAND ONE HUNDRED THIRTY FIVE DOLLARS ($90,135.00), the PARTICIPANT will be obligated to pay the increased cost. If the PARTICIPANT'S share of the project cost is Tess than the estimated NINETY THOUSAND ONE HUNDRED THIRTY FIVE DOLLARS ($90,135.00), the DEPARTMENT will refund the difference to the PARTICIPANT once the acquisition is completed and accepted by the DEPARTMENT. The PARTICIPANT agrees that it will, within thirty (30) days of execution of this Agreement, furnish the DEPARTMENT with a check in the amount of NINETY THOUSAND ONE HUNDRED THIRTY FIVE DOLLARS ($90,135.00) towards the Project Costs. Payment shall be clearly marked to indicate that it is to be applied to FM Project No.: 230872-1- 4B/41/42/43/45-01. Remittance shall be made payable to the Department of Transportation. Payment shall be clearly marked to indicate that it is to be applied to FM Project No.: 230872-1-4B141142143145- 01. The DEPARTMENT shall utilize this amount towards costs of Project No.: 230872-1- 4B/41/42/43/45-01. Payment shall be mailed to: Florida Department of Transportation Professional Services Unit Attention: Leos A. Kennedy, Jr. 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 (A) Should project modifications occur that increases the PARTICIPANT's share of the total project costs, the PARTICIPANT will be notified by the DEPARTMENT accordingly. The PARTICIPANT agrees to provide, without delay, adequate funds to ensure that cash on deposit with the DEPARTMENT is sufficient to fully fund its share of the project. The DEPARTMENT shall notify the PARTICIPANT as soon as it becomes apparent the actual costs will overrun the estimated 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 below. Funds due from the PARTICIPANT during the project not paid within 40 (forty) calendar days from the date of the invoice are subject to an interest charge at a rate established pursuant to Section 55.03, Florida Statues. (B) In the event the final accounting of total project costs is greater than the total deposits to date, the PARTICIPANT will pay the additional amount within forty (40) calendar days from the date of the invoice from the DEPARTMENT. The PARTICIPANT agrees to pay the interest at a rate established pursuant to Section 55.03, F.S., on any invoice not paid within forty (40) calendar days until the invoice is paid. 6. In the event it becomes necessary for the DEPARTMENT to institute suit for the enforcement of the provisions of this Agreement, the PARTICIPANT shall pay the Department's reasonable attorney fees and court costs if the DEPARTMENT prevails. 2 of 5