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11. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or <br /> enter into any contract which, by its terms involves the expenditure of money in excess of the <br /> amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal <br /> or written,made in violation of this subsection is null and void, and no money may be paid on <br /> such contract. The DEPARTMENT shall require a statement from the Comptroller of the <br /> DEPARTMENT that funds are available prior to entering into any such contract or other <br /> binding commitment of funds. Nothing herein contained shall prevent the making of contracts <br /> for periods exceeding one (1) year, but any contract so made shall be executory only for the <br /> value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this <br /> paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for <br /> an amount in excess of$25,000 and which have a term for a period of more than one (1) year. <br /> 12. The COUNTY warrants that it has not employed or obtained any company or person, other than <br /> bona fide employees of the COUNTY, to solicit or secure this AGREEMENT, and it has not <br /> paid or agreed to pay any company, corporation, individual or firm, other than a bona fide <br /> employee employed by the COUNTY. For breach or violation of this provision, the <br /> DEPARTMENT shall have the right to terminate the AGREEMENT without liability. <br /> 13. To the extent allowed by the Laws of Florida, the COUNTY hereby agrees to indemnify, <br /> defend, save, and hold harmless the DEPARTMENT from all claims, demands liabilities, and <br /> suits of any nature arising out of, because of or due to any intentional and/or negligent act or <br /> occurrence, omission. or commission of the COUNTY, its agents; or employees, arising out <br /> of this contract or the work which is the subject hereof. It is specifically understood and agreed <br /> that this indemnification clause does not cover or indemnify the DEPARTMENT for its own <br /> negligence. <br /> 14. This AGREEMENT is governed by and construed in accordance with the laws of the State of <br /> Florida. <br /> 15. This document incorporates and includes all prior negotiations, correspondence, conversations, <br /> agreements, or understandings applicable to the matters contained herein, and the parties agree <br /> that there are no commitments, agreements or understandings concerning the subject matter of <br /> this agreement that are not contained in this document. Accordingly, it is agreed that no <br /> deviation from the terms hereof shall be predicated upon any prior representation or agreements <br /> whether oral or written. It is further agreed that no modification, amendment, or alteration in <br /> the terms and conditions contained herein shall be effective unless contained in a written <br /> document executed with the same formality and of equal dignity herewith. <br /> 4 <br />