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t` k, 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. 7. Should the DEPARTMENT and the PARTICIPANT decide to proceed with subsequent phases of the Project, the AGREEMENT may be amended to identify the respective responsibilities and the financial arrangements between the parties. 8. 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. 9. 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 or DECEMBER 31, 2004, whichever occurs first. 10. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Comptroller under Section 215.422(14), Florida Statutes, or by the Department's Comptroller under Section 334.044(29), Florida Statutes. 11. If this Agreement involves units of deliverables, then such units must be received and accepted in writing by the Project Manager prior to payments. 12. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 13. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's Travel Form No. 300-000-01 and shall be paid in accordance with Section 112.061, Florida Statutes. 14. Participants providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has (5) five working days to inspect and approve the goods and services. The Department has 20 calendar days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 calendar days are measured from the latter of the, date the invoice is received or the goods or services are received, inspected and approved. 15. If a warrant not issued within 40 calendar days after receipt of the invoice and receipt, inspection and approval of the goods and services, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes,will be due and payable,in addition to the invoice amount, to the Participant. Interest penalties of less than one (1)dollar will not be enforced unless the Participant's requests payment. Invoices that have to be returned to a Participant because of Participant preparation errors will result in a delay in the payment.The invoice payment requirements do not start until a properly completed invoice is provided to the Department. 16. A Vendor Ombudsman has been established within the Department of Banking and Finance. 2