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4. It is understood between the parties hereto that the landscaping covered by fids Agreement may be removed, relocated or adjusted at any time in the fiftre as determined to be necessary by the Departiment in order that the adjacent state road be widened,altered or otherwise changed to meet with future criteria or planning of the Depart nentt. Tlie AGENCY shall be given sixty(60)calendar days notice to remove aid landscaping ager which time the Department may remove same. S. The Department agrees to enter into a contract for the installation of the landscape project for an amount not to exceed$750,000 as defined in Attachment"C". The Dm's participation in the project coat,M deaM1W in Attaehomm"C"is limited to only those items which are directly related to this project. The AGENCY'S landscape arrbitect or designee shall assist the Department in$nal inspection and provide written scceptanee of the Project. 6. The AGENCY agrees to reimburse the Department all monies expended for the project, should the landscaped ane fail to be maintained in accordance with the teams and conditions of this Agreement. 7. This Agreement may be terminated under any on of the following conditions: (a) By the Department,if the AGENCY fails to perform its ditties ander paragraph 3, following thirty(30)days written notice. (b) By the Department, for refusal by the AGENCY to allow public mom to all documents,papers,letters,or other material subject to the provisions of Chapter 119, Florida Statutes,and made or received by the AGENCY in eogju Wdon with this Agreement. 8. The term of this Agreement commences upon the completion of the one (1) year establishment period as outlined in Exhibit"B". 9. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the Dgmtne4 its offices and employees from all suite,actions,claims and liability arising out of the AGENCY's negligent performance of the wodc under this agreement,or due to the failure of the AGENCY to maintain the Project in oonform1M with the standards deem'bed in Section 2 of this Agreemeatt. 10. The AGENCY may eonsfrirct additional landscaping within the limits of the righ.f-ways identified as a result of this document,subject to the following conditions: (a) Plans for any new landscel ft hall be subject to approval by the Department. The AGENCY shall not change or deviate Som said plow without written approval by the Department. 3