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s <br />w <br />To the extent permitted by law, the AGENCY shall indemnify and hold harmless the <br />Department, its officers and employees from all suits, actions. claims and liability arising out <br />of the AGENCY's negligent performance of the work under this Agreement, or due to the <br />failure of the AGENCY to construct or maintain the project in conformance with the <br />standards described in Section 2 of this agreement. <br />The AGENCY may construct additional landscaping within the limits of the right-of-ways <br />identified as a result of this document. subject to the fbIlowing conditions: <br />(a) Plans for any new landscaping shall be subject to approval by the Department. The <br />AGENCY shall not change or deviate from said plans without written approval by <br />the Department. <br />(b) All landscaping shall be developed and implemented in accordance with appropriate <br />state safety and road design standards: <br />(c) The AGENCY agrees to comply with the requirements of this Agreement with <br />regard to any additional landscaping installed: <br />(d) No change will be made in the payment terms established under item number five (5) <br />of this Agreement due to any increase in cost to the AGENCY resulting from the <br />installation of landscaping added under this item. <br />10. This writing embodies the entire Agreement and understanding between the parties hereto <br />and there are no other Agreements and understanding, oral or written, with reference to the <br />subject matter hereof that are not merged herein and superseded hereby. <br />11. The Department, during any fiscal year, shall not expend money. incur any liability, or enter <br />into any contract which, by its terms. involves the expenditure of money in excess of the <br />amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal <br />or written, made in violation of this subsection is null and void, and no money may be paid <br />on such contract. The Department shall require a statement from the Comptroller of the <br />Department *h -.. funds a,., ctvtlUGUIC t,.wr iu cuienng into any such contract or other binding <br />commitment of funds. Nothing herein contained shall prevent the making of contracts for <br />periods exceeding 1 year, but any contract so made shall be executory only for the value of <br />the services to be rendered or agreed to be paid for in succeeding fiscal years; and this <br />paragraph shall be incorporated verbatim in all contracts of the Department which are for an <br />amount in excess of $25,000.00 and which have a term for a period of more than 1 year. <br />12. The Department's District Secretary shall decide all questions, difficulties and disputes of <br />any nature whatsoever that may arise under or by reason of this Agreement, the prosecution <br />or fulfillment of the service hereunder and the character, quality, amount and value thereof; <br />and his decision upon all claims, questions and disputes shall be final and conclusive upon <br />