The abolition of any department or transfer of any function as provided in this chapter shall not impair the obligation of any contract or agreement nor abate any suit, action or other proceeding lawfully commenced by or against the head of any agency or officer of the state in his or her official capacity or in relation to the discharge of his or her official duties, but the court may, on motion filed within twelve (12) months after the chapter takes effect, allow the suit, action, or proceeding to be maintained by or against the successor of the head or officer under the reorganization effected by the plan or, if there be no successor, against the agency or officer which succeeded to the function transferred by the chapter.