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(B) Should project modifications or changes to bid items occur that increase the PARTICIPANT ' S share of total project costs , the PARTICIPANT will be notified by the DEPARTMENT accordingly. The PARTICIPANT agrees to provide , without delay, in advance of the additional work being performed , adequate funds to ensure that cash on deposit with the DEPARTMENT is sufficient to fully fund its share of the project . The DEPARTMENT shall notify the PARTICIPANT as soon as it becomes apparent the actual costs will overrun the award amount ; however, failure of the DEPARTMENT to so notify the PARTICIPANT shall not relieve the PARTICIPANT from its obligation to pay for its full participation during the project . Funds due from the PARTICIPANT during the project not paid within 40 (forty) calendar days from the date of the invoice are subject to an interest charge at a rate established pursuant to Section 55. 03, Florida Statues. 6 . In the event it becomes necessary for the DEPARTMENT to institute suit for the enforcement of the provisions of this Agreement, the PARTICIPANT shall pay the DEPARTMENT'S reasonable attorney fees and court costs if the DEPARTMENT prevails . 7 . Should the DEPARTMENT and the PARTICIPANT decide to proceed with subsequent phases of the Project, the AGREEMENT may be amended to identifythe respective responsibilities and the financial arrangements between the parties . 8 . This AGREEMENT and any interest herein shall not be assigned , transferred or otherwise encumbered by the PARTICIPANT under any circumstances without the prior written consent of the DEPARTMENT . However, this AGREEMENT shall run to the DEPARTMENT and its successors . 9 . Except as otherwise set forth herein , this AGREEMENT shall continue in effect and be binding to both the PARTICIPANT and the DEPARTMENT until the Project is completed as evidenced by the written acceptance of the DEPARTMENT , or February 2 , 2010 , whichever occurs first. 10 . The PARTICIPANT warrants that it has not employed or obtained any company or person , other than bona fide employees of the PARTICIPANT, to solicitor secure this AGREEMENT , and it has not paid or agreed to pay any company, corporation , individual or firm , other than a bona fide employee employed by the PARTICIP-ANT . For breach or violation of this provision , the DEPARTMENT shall have the right to terminate the AGREEMENT without liability . 11 . To the extent allowed by the Laws of Florida , the PARTICIPANT hereby agrees to indemnify, defend , save , and hold harmless the DEPARTMENT from all claims , demands liabilities , and suits of any nature arising out of, because of or due to any intentional and/or negligent act or occurrence , omission , or commission of the 3 of 5