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(b) All landscaping shall be developed and implemented in accordance with appropriate state safety and road design standards; (c) The AGENCY agrees to comply with the requirements ofthis Agreement with regard to any additional landscaping installed; (d) No change will be made in the payment terms established under item number five (5) of this Agrcenicilt due to any increase in cost to the Department resulting from the installation of landscaping; added under this item, ]I. This writing embodies the entire agreement and understanding between the parties hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 12. *rhe Department, during any fiscal year, shall not expend money, incur and liability, or enter into any contract which, by its ternis, 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 subsection is null and void, mid no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of bands. Nothing herein contained shall prevent the making of contracts for periods exceeding I year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contacts of the Department which are for an amount in excess of $25,000.00 and which have a term for a period of more than I year. 13. The Department's District Sccrelaryiliall decide all questions, difficulties and disputes of tiny nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof, and his decision upon all claims, questionsalid disputes shall be final ane conclusive upon the parties hereto. 14. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the Department. 15. 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, IN WITNESS WHEREOF, tile parties hereto have caused these presents to be executed the day and year first above written. 4