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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />7. FCT's performance and obligation to pay under this Agreement is contingent upon <br />an annual appropriation and approval by the Florida Legislature or designated agency, and is <br />subject to any modification in accordance with Chapter 216, F.S. or the Florida Constitution. <br />8. The accounting systems for all Recipients must ensure that these funds are not <br />commingled with funds from other agencies. Funds from each agency must be accounted for <br />separately. Recipients are prohibited from commingling funds on either a program -by -program or <br />a project -by -project basis. Funds specifically budgeted and/or received for one project may not be <br />used to support another project. Where a Recipient's, or subrecipient's, accounting system cannot <br />comply with this requirement, the Recipient, or subrecipient, shall establish a system to provide <br />adequate fund accountability for each project it has been awarded. <br />If FCT finds that these funds have been commingled, FCT shall have the right to demand <br />a refund, either in whole or in part, of the funds provided to the Recipient under this Agreement <br />for non-compliance with the material terms of this Agreement. The Recipient, upon such written <br />notification from FCT shall refund, and shall forthwith pay to FCT, the amount of money <br />demanded. Interest on any refund shall be calculated based on the prevailing rate used by the State <br />Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are <br />received from FCT by the Recipient to the date repayment is made by the Recipient to FCT. <br />In the event that the Recipient recovers costs, incurred under this Agreement and <br />reimbursed by FCT, from another source(s), the Recipient shall reimburse FCT for all recovered <br />funds originally provided under this Agreement. Interest on any refund shall be calculated based <br />on the prevailing rate used by the State Board of Administration. Interest shall be calculated from <br />the date(s) the payment(s) are recovered by the Recipient to the date repayment is made to FCT <br />by the Recipient. <br />V. NOTICE AND CONTACT <br />1. All notices and written communication between the Parties shall be sent by <br />electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be <br />considered delivered when reflected by an electronic mail read receipt, a courier service delivery <br />receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient to: <br />Florida Communities Trust <br />3900 Commonwealth Boulevard, MS#115 <br />Tallahassee, FL 32399 <br />2. All contact and correspondence from FCT to the Recipient shall be through the key <br />contact as required by Rules 62-818 and 62-819, F.A.C. Recipient hereby notifies FCT that the <br />following administrator, officer or employee is the authorized key contact on behalf of the <br />Recipient for purposes of coordinating project activities for the duration of the Project: <br />DEP Agreement No. 50958, Page 5 of 24 <br />FCT Project No. 11 -050471 1 <br />Pre -Acquired Project Site <br />