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calendar days within which to correct the cited deficiencies. If said deficiencies are not <br /> corrected within this time period,the DEPARTMENT may at its option,proceed as follows: <br /> (a) Maintain the landscape or apart 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 palms and charge the AGENCY the reasonable cost of such <br /> 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 <br /> the 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$ 242,000.00 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 that are directly related to this project.The AGENCY shall be invited to <br /> assist the DEPARTMENT in final inspection at the end of the Contractor's 365 day <br /> warranty and establishment period. <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 be 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 subject 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 /> 3 <br />