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FM#430029-1-32-01 <br /> Page 7 of 9 <br /> The department, during any fiscal year, shall not expend money, incur any liability, <br /> or enter into any contract which, by its terms, involves the expenditure of money in <br /> = excess of the amounts budgetedas available for expenditure during any such fiscal <br /> year. Any contract, verbal or written, made in violation of this subsection is null <br /> and void,and no money may be paid on such contract. The department shall require <br /> a statement from the comptroller of the department that funds are available prior to <br /> entering into any such contract or other binding commitment of funds. Nothing <br /> herein contained shall prevent the making of contracts for periods exceeding 1 year, <br /> but any contract so made shall be executory only for the value of the services to be <br /> rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall <br /> be incorporated verbatim in all contracts of the department which are for an amount <br /> in excess of$25,000 and which have a term a for a period of more than 1 year. <br /> 15. The Department is a state agency, self-insured and subject to the provisions of Section 768.28, <br /> Florida Statutes. Nothing in this Agreement shall be deemed or otherwise interpreted as waiving <br /> the Department's sovereign immunity protections, or as increasing the limits of liability as set <br /> forth in Section 768.28, Florida Statutes. <br /> 16. A modification or waiver of any of the provisions of this Agreement shall be effective only if <br /> made in writing and executed with the same formality as this agreement. <br /> 17. This agreement shall be governed by the laws of the State of Florida. Any provision hereof found <br /> to be unlawful or unenforceable shall be severable and shall not affect the validity of the <br /> remaining portions hereof. Venue for any and all actions arising out of or in any way related to <br /> the interpretation, validity, performance or breach of this Agreement shall lie exclusively in a <br /> state court of appropriate jurisdiction in Leon CITY, Florida. <br /> 18. No term or provision of this Agreement shall be interpreted for or against any party because that <br /> party's legal counsel drafted the provision. <br /> 19. In accordance with Executive Order No. 11-02 the Department's Vendor/Contractor(s) shall <br /> utilize the U.S. Department of Homeland Security's E-Verify system, in accordance with the <br /> terms governing use of the system, to confirm the employment eligibility of; <br /> i. all persons employed by the Vendor/Contractor during the term of the <br /> Contract to perform employment duties within Florida; and <br /> ii. all persons, including subcontractors, assigned by the <br /> Vendor/Contractor to perform work pursuant to the contract with the <br /> Department. <br /> 20. All notices required pursuant to the terms hereof, shall be in writing and shall be sent by first <br /> class United States Mail, facsimile transmission, hand delivery or express mail. Notices shall be <br />