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7 . Should the DEPARTMENT and the PARTICIPANT decide to proceed with subsequent phases of <br /> the Project, the AGREEMENT may be amended to identify the respective responsibilities and the <br /> financial arrangements between the parties . <br /> 8 . This AGREEMENT and any interest herein shall not be assigned , transferred or otherwise <br /> encumbered by the PARTICIPANT under any circumstances without the prior written consent of <br /> the DEPARTMENT . However, this AGREEMENT shall run to the DEPARTMENT and its <br /> successors . <br /> 9 . Except as otherwise set forth herein , this AGREEMENT shall continue in effect and be binding to <br /> both the PARTICIPANT and the DEPARTMENT until the Project is completed as evidenced by <br /> the written acceptance of the DEPARTMENT , or February 2 , 2010 , whichever occurs first . <br /> 10 . The PARTICIPANT warrants that it has not employed or obtained any company or person , other <br /> than bona fide employees of the PARTICIPANT , to solicit or secure this AGREEMENT , and it has <br /> not paid or agreed to pay any company , corporation , individual or firm , other than a bona fide <br /> employee employed by the PARTICIPANT . For breach or violation of this provision , the <br /> DEPARTMENT shall have the right to terminate the AGREEMENT without liability . <br /> 11 . To the extent allowed by the Laws of Florida , the PARTICIPANT hereby agrees to indemnify , <br /> defend , save , and hold harmless the DEPARTMENT from all claims , demands liabilities , and suits <br /> of any nature arising out of, because of or due to any intentional and/or negligent act <br /> or <br /> occurrence , omission , or commission of the PARTICIPANT , its agents , contractors , <br /> subcontractors , consultant and/or employees , arising out of this contract or the work which is the <br /> subject hereof. It is specifically understood and agreed that this indemnification clause does not <br /> cover or indemnify the DEPARTMENT for its own negligence . <br /> 12 . This AGREEMENT is governed by and construed in accordance with the laws of the State of <br /> Florida . <br /> 13 . This document incorporates and includes all prior negotiations , correspondence , conversations , <br /> agreements , or understandings applicable to the matters contained herein , and the parties agree <br /> that there are no commitments , agreements or understandings concerning the subject matter of <br /> this agreement that are not contained in this document . Accordingly , it is agreed that no deviation <br /> from the terms hereof shall be predicated upon any prior representation or agreements whether <br /> oral or written . It is further agreed that no modification , amendment , or alteration in the terms and <br /> conditions contained herein shall be effective unless contained in a written document executed <br /> with the same formality and of equal dignity herewith . <br /> 14 . Any or all notices (except invoices) given or required under this Agreement shall be in writing and <br /> either personally delivered with receipt acknowledged or sent by certified mail , return receipt <br /> requested . All notices delivered shall be sent to the following addresses : <br /> 3 of 5 <br />