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Rem TDc oo4 Rev. 88190 Of any equity or interest of the Agency will be made after another party has assumed the obligations under the terms and conditions of this Agreement or disposal of said items by sale has occurred. The Commission shall make the sole determination of the Agency's interest and reimbursement. As determined by the Commission, failure to satisfactorily utilize equipment which is leased with Project funds shall be sufficient cause for non-payment by the Commission as provided in Paragraph 8.25. 14.80 Disposal of Purchased Project Equipment: The Agency will request written Commission approval prior to disposing of any purchased Project equipment during its useful life, for any purpose. Proceeds from the sale of Purchased project equipment shall be documented in the project file(s) by the Agency. With the concurrence of the Commission, these proceeds may be re -invested for any purpose which expands transportation disadvantaged services for the non -sponsored. If the Agency does not elect to follow the process specified above, the gross proceeds from sale shall be refunded to the Commission in the same participation percentage ratios as were used to fund the original.purchase. 14.90 Property of the Project: The purchase of all Project vehicles and equipment financed in whole or in part pursuant to this Agreement shall be undertaken by the Agency on behalf of the.Florida Transportation Disadvantaged Commission in accordance with State regulations and statutes. Title to any vehicle purchased with Project funds shall be in the name of the Agency, subject to lien in favor of the Commission. The Commission will relinquish all interest in the Project vehicles and equipment when it has reached the.end of its useful life and the vehicles or equipment are taken out of service. At this time the Commission will satisfy its lien of record provided that the proceeds from disposal are put back into providing expanded transportation disadvantaged services for the non - sponsored. 15.00 Plans and Specifications: In the event that this contract involves the purchasing of capital equipment or major components thereof, the Agency shall submit to the Commission, certification that all equipment meets or exceed the requirements as identified in Exhibit "A". Said certification shall accompany the Agency's reimbursement invoice for the subject equipment, if applicable. Failure to abide by this requirement shall be sufficient cause for nonpayment by the Commission as provided in Paragraph 8.23. 16.00 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold harmless the Commission and the State of Florida Department of Transportation and all their officers, agents or employees from all suits, actions, claims, demands, and liability of any natuYe whatsoever arising out of, because of. or due to breach of the agreement by the Agency or its subcontractors, agents or employees or due to any negligent act, or occurrence of omission or commission of the Agency. its subcontractors, agents or employees. Neither the Agency nor any of its agents will be liable under this section for damages arising out of injury or damage to persons or property directly caused or insulting from the sole negligence of the Commission or the State of Florida Department of Transportation or any of their officers, agents or employees. The parties agree that this clause shall not waive the benefits or provisions of Section 768.28 F. S. or any similar provision of law. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. 17.20 Multi -Year Commitment: Whereas the Commission is created in the Florida Department of Transportation (Department) and assigned to the Secretary of the Florida Department of Transportation for administrative and fiscal accountability purposes: the provisions of Chapter 339.135(7)(a), Florida Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this