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DEPARTMENT in the amount of such actual cost within forty(40)days from the date of <br /> the invoice.The COUNTY shall pay an additional charge as specified in Section 55.03, <br /> Florida Statutes,on any invoice not paid within the time specified in the preceding <br /> sentence,until the invoice is paid. <br /> G.) The DEPARTMENT shall have the right to retain out of any payment due the COUNTY <br /> under this Agreement an amount sufficient to satisfy any amount due and owing to the <br /> DEPARTMENT by the COUNTY on any other Agreement between the COUNTY and the <br /> DEPARTMENT,whether existing now or in the future. ` <br /> H.) In the event it becomes necessary for the DEPARTMENT to institute suit for the <br /> enforcement of the provisions of this Agreement,the COUNTY shall pay the <br /> DEPARTMENT's reasonable attorney fees and court costs if the DEPARTMENT <br /> prevails. <br /> 7. Should the DEPARTMENT and the COUNTY decide to proceed with subsequent phases of the <br /> PROJECT,the AGREEMENT shall be amended to identify the respective responsibilities and the <br /> financial arrangements between the parties. <br /> 8. Should contract modifications occur that increase the COUNTY's share of total project costs,the <br /> COUNTY will be notified by the DEPARTMENT accordingly.The COUNTY agrees to provide, <br /> in advance of the additional work being performed,adequate funds to ensure that cash on deposit <br /> with the DEPARTMENT is sufficient to fully fund its share of the project. <br /> 5 <br />