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9. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the DEPARTMENT, its officers and employees from all suits, actions, claims and liability arising out of the AGENCY's negligent performance of the work under this agreement, or due to the failure of the AGENCY to maintain the Project in conformance with the standards described in Section 2 of this Agreement. 10. The AGENCY may construct additional landscape/hardscape within the limits of the rights- of-ways identified as a result of this document, subject to the following conditions: (a) Plans for any new landscape/hardscape shall be subject to approval by the DEPARTMENT. The AGENCY shall not change or deviate from said plans without written approval by the DEPARTMENT. (b) All landscape shall be developed and implemented in accordance with appropriate state safety and road design standards; (c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscape installed; (d) No change will be made in the payment terms established under item number five(5) of this Agreement due to any increase in cost to the DEPARTMENT resulting from the installation of landscape added under this item. 11. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other agreements and understanding, oral or written,with reference to the subject matter hereof that are not merged herein and superseded hereby. 12. The DEPARTMENT,during any fiscal year,shall not expend money,incur any liability,or enter into any contract which,by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written,made in violation of this subsection is null and void,and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year,but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00)and which have a term for a period of more than 1 year. 13. The DEPARTMENT's District Secretary shall decide all questions,difficulties and disputes of any nature- whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and 4