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completed in accordance with the approved PDP. Additionally, the CITY shall <br />vacate those portions of the DEPARTMENT's right-of-way used to construct the <br />PROJECT, and shall remove the CITY's and/or its contractors', property, <br />machinery, and equipment from said portions of the DEPARTMENT's right-of- <br />way. Furthermore, the CITY shall restore those portions of the DEPARTMENT <br />right-of-way damaged by PROJECT construction activities to the same or better <br />condition than that which existed immediately prior to commencement of the <br />construction of the PROJECT. <br />h. E -Verify: <br />The CITY shall: <br />Utilize the U.S. Department of Homeland Security's E -Verify system to <br />verify the employment eligibility of all new employees hired by the <br />Vendor/Contractor during the term of the contract; and <br />ii. Expressly require any contractors and subcontractors performing work <br />or providing services pursuant to the state contract to likewise utilize the <br />U.S. Department of Homeland Security's E -Verify system to verify the <br />employment eligibility of all new employees hired by the subcontractor <br />during the contract term. (Executive Order Number 2011-02) <br />The CITY shall insert the above clause into any contract entered into by the <br />CITY with vendors or contractors hired by the CITY for purposes of performing <br />its duties under this Agreement. <br />5. GOVERNING LAW <br />This Agreement shall be governed and construed in accordance with the laws of the <br />State of Florida. <br />6. AMENDMENT <br />This Agreement may be amended by mutual agreement of the DEPARTMENT and <br />the CITY expressed in writing, executed and delivered by each party. <br />7. INVALIDITY <br />If any part of this Agreement shall be determined to be invalid or unenforceable, <br />the remainder of this Agreement shall not be affected thereby, if such remainder <br />continues to conform to the terms and requirements of applicable law. <br />8. COMMUNICATIONS <br />a. All notices, requests, demands, consents, approvals and other communications <br />which are required to be served or given hereunder, shall be in writing and <br />Page 9 of 23 <br />Department Funded Agreement benveen the Florida Department of Transportation and the City <br />Financial Project Number 9 430949-3-58-01 <br />