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within three hundred sixty and days. All project cost records and accounts shall be subject to audit by a representative of the COUNTY within three (3) years after final close out of the project.The COUNTY will be notified of the final cost.Both parties agree that in the event final accounting of total project costs pursuant to the terms of this agreement is less than the total deposits to date, a refund of the excess will be made by the DEPARTMENT to the COUNTY in accordance with Section 215.422, Florida Statutes . If the Total Project costs exceed the advance payment, the COUNTY will be invoiced for the balance. Upon receipt of the final invoice, the COUNTY agrees to reimburse the DEPARTMENT in the amount of such actual cost within forty (40)days from the date of the invoice. The COUNTY shall pay an additional charge as specified in Section 55.03, Florida Statutes, on any invoice not paid within the time specified in the preceding sentence, until the invoice is paid. The DEPARTMENT shall have the right to retain out of any payment due the COUNTY under this Agreement an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by the COUNTY on any other Agreement between the COUNTY and the DEPARTMENT, whether existing now or in the future. In the event it becomes necessary for the DEPARTMENT to institute suit for the enforcement of the provisions of this Agreement, the COUNTY shall pay the DEPARTMENT's reasonable attorney fees and court costs if the DEPARTMENT prevails. 7. Should the DEPARTMENT and the COUNTY decide to proceed with subsequent phases of the PROJECT, the AGREEMENT shall be amended to identify the respective responsibilities and the financial arrangements between the parties. 8. Should contract modifications occur that increase the COUNTY's share of total project costs, the COUNTY will be notified by the DEPARTMENT accordingly. The"COUNTY agrees to provide, in advance of the additional work being performed, 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 COUNTY as soon as it becomes apparent the actual costs will overrun the award amount; however,failure of the DEPARTMENT to so notify the COUNTY shall not relieve the COUNTY from its obligation to pay for its full contribution on final accounting as provided herein. 9. This AGREEMENT and any interest herein shall not be assigned, transferred or otherwise encumbered by the COUNTY under any circumstances without the prior written consent of the DEPARTMENT. However, this AGREEMENT shall run to the DEPARTMENT and its successors. 10. Except as otherwise set forth herein, this AGREEMENT shall continue in effect and be binding to both the COUNTY and the DEPARTMENT until the PROJECT is completed. 3