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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION <br />STATE HIGHWAY SYSTEM <br />PROJECT FUNDING AGREEMENT <br />1. Limitation on Liability. Notwithstanding anything to the contrary in this Agreement, in no <br />event shall the Agency or the Department be liable to each other for any indirect, punitive, special or consequential <br />damages (including, but not limited to, loss of profits, interest, earnings or use) whether arising in contract, tort <br />or otherwise, even if the party has been advised that such damages are possible. The limitation of remedies <br />provided in the preceding sentence shall survive the expiration or termination of this Agreement. <br />In. Execution of Agreement. This Agreement may be simultaneously executed in a minimum of two <br />counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall <br />constitute one in the same instrument. <br />n. State Lobbying. No funds received pursuant to this Agreement may be expended for <br />lobbying the Legislature, the judicial branch or a state agency. <br />o. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), Florida <br />Statutes, and to incorporate in all contracts for performance of the Project the obligation to comply with Section <br />20.055(5), Florida Statutes. <br />P. Agreement not Assignable. The Agency may not assign any of its rights or obligations under <br />this Agreement. <br />q. Amendments. This Agreement may not be amended, except by a writing signed by both Parties. <br />r. Exhibits. The following Exhibits are attached and incorporated into this Agreement: <br />® Exhibit A: Project Description and Responsibilities <br />❑ Exhibit B: Project Budget <br />® Exhibit C: Contract Payment Requirements <br />❑ Exhibit D: Advance Project Reimbursement <br />® Exhibit E: Terms and Conditions of Construction in Department Right -of -Way <br />® Exhibit F: Certificate of Completion <br />® Exhibit G: Engineer's Certificate <br />❑ Exhibit H: Tangible Personal Property <br />® Additional Exhibit(s): _I , are attached, incorporated, and are part of this Agreement <br />[signatures on following page] <br />Page 16 of 29 <br />101 <br />