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<br />4. PAVERS AND MODIFICATION <br /> <br />It is understood between the parties hereto that the decorative stamped asphalt <br />sidewalk and/or decorative stamped asphalt crosswalk covered by this <br />AGREEMENT may be removed, relocated or adjusted at any time in the future as <br />found necessary by the DEPARTMENT in order that the adjacent state road be <br />widened, altered or otherwise changed and maintained to meet with future criteria <br />or planning of the DEPARTMENT. <br /> <br />5. TERMINATION <br /> <br />This AGREEMENT or part thereof is subject to termination under anyone ofthe <br />following conditions: <br /> <br />4 <br />5.1. In the event the DEPARTMENT exercises the option <br />identified by Item Three (3) of this AGREEMENT. <br /> <br />5.2. As mutually agreed to by both parties. <br /> <br />5.3.In accordance with Section 287.058 (1) (c), Florida Statutes, the <br />DEPARTMENT shall reserve the right to unilaterally cancel this <br />AGREEMENT if the CITY refuses to allow public access to any <br />or all documents, papers, letters, or other materials made or <br />received by the CITY pertinent to this AGREEMENT which are <br />subject to provisions of Chapter 119, of the Florida Statutes. <br /> <br />6. The terms of the AGREEMENT shall commence upon execution of this <br />AGREEMENT by both parties. <br /> <br />7. This writing embodies the entire AGREEMENT and understanding between the <br />parties hereto and there are not other agreements and understanding, oral or written <br />reference to the subject matter hereof that are not merged herein and superseded <br />hereby. <br /> <br />8. This AGREEMENT is nontransferable and non-assignable in whole or in part <br />without consent of the DEPARTMENT. <br /> <br />9. This AGREEMENT, regardless of where executed shall be governed by, and <br />constructed according to the laws of the State of Florida. <br /> <br />10. LIABILITIES <br /> <br />To the extent permitted by law and subject to the specific limits of Section 768.28 <br />(5) Florida Statutes, the CITY covenants and agrees that it will indemnify and hold <br />harmless the DEPARTMENT and all of the DEPARTMENT's officers, agents <br /> <br />3 <br />