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<br />16. This writing embodies the entire AGREEMENT and understanding <br />between the parties hereto and there are not other agreements <br />and understanding, oral or written reference to the subject <br />matter hereof that are not merged herein and superseded <br />hereby. <br /> <br />17. This AGREEMENT is nontransferable and nonassignable in whole <br />or in part without consent of the DEPARTMENT. <br /> <br />18. This AGREEMENT, regardless of where executed shall be governed <br />by, and constructed according to the laws of the State of <br />Florida. <br /> <br />19. Nothing in this AGREEMENT shall be construed to violate the <br />provisions of Section 339.135(6) (a), of the Florida Statutes <br />(1997), which provides as follows: <br /> <br />The Department, during any fiscal year, shall not expend <br />money, incur any liability, or enter into any contract which, <br />by its terms, involves the expenditure of money in excess of <br />the amounts budgeted as available for expenditure during such <br />fiscal year. Any contract, verbal or written, made in <br />violation of this subsection, is null and void and no money <br />may be paid on such contract. The Department shall require a <br />statement from the Comptroller of the Department that funds <br />are available prior to entering into any such contract or <br />other binding commitment of funds. Nothing herein contained <br />shall prevent the making of a contract for periods exceeding <br />one year, but any contract so made shall be executory only for <br />the value of the services to be rendered or agreed to be paid <br />for in succeeding fiscal years; and this paragraph shall be <br />incorporated verbatim in all contracts of the Department which <br />are of an amount in excess of $25,000 and which have a term <br />for a period of more than one year. <br /> <br />Memorandum of Agreement <br />Contract No. BDH38 <br />Financial Number: 40339317203 <br /> <br />9 <br />