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FUNDING ALLOTMENT Financial Mgmt. No. (FM#) Amount Non Federal Match 230872- 1 -52-01 (FY 2008/2009) $269,710 .00 $220,218.00 230872- 1 -5A-01 (FY 2009/2010) $25,750.00 $0.00 TOTAL $515,678.00 6 . In the event it becomes necessary for the either party to institute suit for the enforcement of the provisions of this Agreement, each party shall be responsible to pay their own attorney fees and court costs . Venue with respect to any such litigation shall be in Broward County. 7 . Should the DEPARTMENT and the PARTICIPANT decide to proceed with subsequent phases of the Project, the AGREEMENT may be amended to identify the respective responsibilities and the financial arrangements between the parties . 8 . Upon conveyance of the construction Project to the PARTICIPANT by the DEPARTMENT, the PARTICIPANT will be responsible for the maintenance and upkeep of the completed construction Project at their sole cost and expense . 9 . 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 . 10 . 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 June 30 , 2011 whichever occurs first. 11 . The PARTICIPANT warrants that it has not employed or obtained any company or person , other than bona fide employees of the PARTICIPANT, to solicit or 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 PARTICIPANT . For breach or violation of this provision , the DEPARTMENT shall have the right to terminate the AGREEMENT without liability. 12 . With respect to any of the PARTICIPANT'S agents , consultants , subconsultants , contractors , and/or sub-contractors , such party in any contract forthis Project shall agree 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 such agents , consultants , subconsultants , contractors and/or subcontractors . The PARTICIPANT shall provide to the DEPARTMENT written evidence of the foregoing upon the request of the DEPARTMENT. 5 of 9