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cWW <br /> In the event it becomes necessary for the DEPARTMENT to institute suit for the <br /> enforcement of the provisions of this Agreement,the COUNTY shall pay the <br /> DEPARTMENT's reasonable attorney fees and court costs if the DEPARTMENT <br /> prevails. <br /> • <br /> 7. Should the DEPARTMENT and the COUNTY decide to proceed with subsequent phases of the <br /> PROJECT,the AGREEMENT shall be amended to identify the respective responsibilities and the <br /> financial arrangements between the parties. <br /> 8. Should contract modifications occur that increase the COUNTY's share of total project costs,the <br /> COUNTY will be notified by the DEPARTMENT accordingly.The COUNTY agrees to provide, <br /> in advance of the additional work being performed,adequate funds to ensure that cash on deposit <br /> with the DEPARTMENT is sufficient to fully fund its share of the project.The DEPARTMENT <br /> shall notify the COUNTY as soon as it becomes apparent the actual costs will overrun the award <br /> amount;however,failure of the DEPARTMENT to so notify the COUNTY shall not relieve the <br /> COUNTY from its obligation to pay for its full contribution on final accounting as provided <br /> herein. <br /> 9. This AGREEMENT and any interest herein shall not be assigned,transferred or otherwise <br /> encumbered by the COUNTY under any circumstances without the prior written consent of the <br /> DEPARTMENT. However,this AGREEMENT shall run to the DEPARTMENT and its <br /> successors. <br /> 5 <br />