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`a - DEPARTMENT. 3. If at any time after the AGENCY has undertaken the installation of the landscape and/or other improvements and/or maintenance responsibility mentioned above, it shall come to the attention of the DEPARTMENT'S District Secretary that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, said District Secretary, may at his option, issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY, to place said AGENCY on notice thereof. Thereafter, the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT may, at its option, proceed as follows: (a) Complete the installation, or part thereof, with DEPARTMENT or Contractor's personnel and deduct the cost of such work from the final payment for said work or part thereof, or (b) Maintain the improvements or a part thereof, with DEPARTMENT or Contractor's personnel and invoice the AGENCY for the reasonable cost of such expenses incurred, or (c) Terminate this Agreement in accordance with Paragraph 6 of this Agreement, and remove, by DEPARTMENT or private Contractor's personnel, all of the landscape improvements installed under this Agreement or any preceding Agreements except as to trees and palms and charge the AGENCY the reasonable cost of such removal. 4. It is understood between the parties hereto that the improvements covered by this Agreement may be removed, relocated, or adjusted at any time in the future, as determined to be necessary by the DEPARTMENT in order that the adjacent state road be widened, altered, or otherwise changed to meet with future criteria or planning of the DEPARTMENT. The AGENCY shall be given sixty (60) calendar days' notice to remove said improvements after which time the DEPARTMENT may remove same. All permits (including tree permits), fees, and any mitigation associated with the removal, relocation or adjustments of these improvements are the maintaining AGENCY responsibility. 5. THE AGENCY at its own expense and by permit shall install the landscape improvements described in Exhibit B. The DEPARTMENT shall be invited to assist the AGENCY in final inspections before acceptance of the job by the AGENCY. The DEPARTMENT shall approve the job provided it complies with the permit. 5 lft . 69