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Com' <br />d <br />inspections by the Department. Such inspection findings will be shared with the AGENCY and <br />shall be the basis of all decisions regarding payment reduction. reworking or agreement termination. <br />The AGENCY shall not change or deviate from said plans without written approval of the <br />Department. <br />3. if at any time atter the AGENCY has assumed the landscaping installation and/or <br />maintenance responsibility above-mentioned. it shall come to the attention of the <br />Department's District Secretary that the limits or a part thereof is not properly maintained <br />pursuant to the terms of this Agreement. said District Secretary may at his option issue a <br />written notice that a deficiency or deficiencies exist(s), by sending it certified letter to the <br />AGENCY to place said AGENCY on notice thereof. Thereafter the AGENCY shall have <br />a period of thirty (30) calendar days within which to correct the cited deficiencies. If said <br />deficiencies are not corrected within this time period. the Department may at its option, <br />proceed as follows: <br />(a) Complete the installationor part thereof. with Department or Contractor's personnel <br />and deduct the cost of such work from the final payment for said work or part <br />thereof, or <br />(b) Maintain the landscaping or a part thereof. with Department or Contractor's <br />personnel and invoice the AGENCY for expenses incurred. or <br />(c) Terminate the Agreement in accordance with Paragraph 6 of this Agreement and <br />remove, by Department or private contractor's personnel, all of the landscaping <br />installed under this Agreement or any preceding agreements except as to trees and <br />palms and charge the AGENCY the reasonable cost of such removal. <br />4. It is understood between the parties hereto that the landscaping covered by this Agreement <br />may be removed. relocated or adjusted at any time in the future as determined to be <br />necessary by the Department in order that the state road be widened. altered or otherwise <br />changed to meet with future criteria or planning of the Department. The AGENCY shall be <br />given sixty (60) calendar days notice to remove said landscaping/hardscapeafter which time <br />the Department may remove the same and any mitigation required for remaining <br />landscape/hai'm-app shall be lite responsibiliiy of the ADEN 7 . <br />5. The Department agrees to reimburse the AGENCY an amount not to exceed$150,000 , <br />as defined in Attachment -C". Subject to this limit, the Department will pay only for the <br />following costs: <br />(a) Sprinkler/irrigation system <br />(b) Plant materials and fertilizers/soil amendments. <br />