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Contractor, not when the construction work is complete . All project cost records and accounts shall be subject to audit by a representative of the PARTICIPANT for a period of three (3) years afterfinal close out of the PROJECT. The PARTICIPANTwill be notified of the final cost. The parties agree that in the event the final accounting of total PROJECT costs pursuant to the terms of this Agreement is less than the total deposits to date, a refund of the excess will be made by the DEPARTMENT to the PARTICIPANT. If the final accounting is not performed within three hundred and sixty (360) calendar days , the PARTICIPANT is not relieved from its obligation to pay. E. In the event said final accounting of total PROJECT costs is greater than the total deposits to date, the PARTICIPANT will pay the additional amount within forty (40) calendar days from the date of the invoice from the DEPARTMENT. The PARTICIPANT agrees to pay interest at a rate as established pursuant to Section 55 . 03 , F . S . , on any invoice not paid with the forty (40) calendar days until the invoice is paid . F . The payment of funds under this Locally Funded Agreement will be made directly to the Department of Financial Services , Division of Treasury for deposit and as provided in the attached Memorandum of Agreement ( MOA) between the PARTICIPANT, DEPARTMENT, and the State of Florida , Department of Financial Services , Division of Treasury, a copy of which is attached hereto as Exhibit 'E' . The MOA is a benefit to both the DEPARTMENT and the PARTICIPANT. Interest earned will be applied to any additional costs of the PARTICIPANT. Any unused funds, including interest, will be provided to the PARTICIPANT after the final accounting of the PROJECT has been performed . 5 . The PARTICIPANT will comply with the Federal and State Audit provisions and the Single Audit Compliance Requirements set forth in Exhibit "C" and Exhibit "D", respectively which are attached hereto and made part of this Agreement. 6 . In the event it becomes necessary for 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 . 7 . This AGREEMENT and any interest herein shall not be assigned , transferred or otherwise encumbered by the PARTICIPANT under any circumstances without the priorwritten consent of the DEPARTMENT. However, this AGREEMENT' shall- run- -#o the--DEPARTMENT and its - - successors . 8 . 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 December 30, 2015 whichever occurs first. 9 . 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