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S IA If OF 1 LOItIDA 1)1 PAR TMLN I OI I ViANSPOR IA I ION 525 010£0 STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGE ME N7 05/21 b. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. c. The Recipient and the Department agree that the Recipient, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. d. By execution of the Agreement, the Recipient represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. e. Nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law,the Recipient will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Recipient to the end that the Recipient may proceed as soon as possible with the Project f. This Agreement may be executed in one or more counterparts,each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. g. The Department reserves the right to unilaterally terminate this Agreement for failure by the Recipient to comply with the provisions of Chapter 119, Florida Statutes. h. The Recipient agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes i. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Recipient agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. j. This Agreement does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, Florida Statutes. 16. Exhibits. a. Exhibits A, B, D, F,and J are attached to and incorporated into this Agreement. b. ® The Project will involve construction, therefore, Exhibit "C", Engineer's Certification of Compliance is attached and incorporated into this Agreement. c. ❑Alternative Advance Payment Financial Provisions are used on this Project. If an Alternative Pay Method is used on this Project, then Exhibit "H", Alternative Advance Payment Financial Provisions, is attached and incorporated into this Agreement. d. ❑ This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project Reimbursement, then Exhibit "K",Advance Project Reimbursement is attached and incorporated into this Agreement. e. ®A portion or all of the Project will utilize the Department's right-of-way and,therefore, Exhibit 0, Terms and Conditions of Construction in Department Right-of-Way, is attached and incorporated into this Agreement. f. ❑ The following Exhibit(s), in addition to those listed in 16.a. through 16.f , are attached and incorporated into this Agreement: Page 12 of 14