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F ~. <br />B. Upon default in the payments herein set forth to be made <br />by the Contractor, or in the performance of any covenant or <br />agreement contained herein, the State, at its option, may (a) <br />declare the entire principal amount then out5tandinq <br />immediately due and payable; (b) for the account of the <br />Contractor incur and pay reasonable expenses for repair, <br />maintenance, and operation of the system herein described and <br />such expenses as may be necessary to cure the cause of default; <br />and/or (c) take possession of the system, repair, maintain, and <br />operate or lease it. The provisions of. this contract mriobe <br />enforced by the State at its option without regard to p <br />waivers by it of previous defaults by the Contractor, through <br />judicial proceedings to require specific performance of this <br />contract or by such other proceedings in law or equity as may <br />be deemed necessary by the State to insure compliance with <br />provisions of this contract and the laws and regulations under <br />which this contract is made. <br />C. The State agrees that it shall: <br />1. Make available to the Contractor for the purpose of <br />this contract not to exceed the sum of Two Hundred Fourteen <br />Thousand Seven Hundred Dollars (5214,700). Said Two Hundred <br />Fourteen Thousand Seven Hundred Dollars (5214,700) shall be <br />made available to the Contractor in accordance with the <br />following terms and conditions: <br />a. Beginning with period commencing <br />May 1, 1982, and fo~ nth thereafter until <br />said project has been complete the Contractor shall <br />prepare with th e f h consulting <br />engineer referred p A.1. above an <br />estimate of the required from the State for <br />project construction during that month and shall <br />forward said estimate to the State not less than <br />fifteen (15) days prior to the beginning of such <br />month. <br />b. Upon receipt and approval by the State of such <br />moc~thly estimate, the State will, within forty (40) <br />days from the receipt of such estimate, pay over to <br />the Contractor the amount of the monb~ovedebtimhee or <br />such portion thereof as has been ap_ Y <br />State. <br />C. No payments will be made under this contract <br />until the project plans and specifications referred <br />to in paragraph A. 1. above are approved by the State. <br />2. Provide the Contractor with such technical assistance <br />as the State 6eems appropriate in planning, constructing, and <br />operating the project and in coordinating the project with <br />local official comprehensive plans for sewer and water and with <br />any State or aria plans for the area in which the project is <br />located. <br />D. This contract is not assignable by the Contractor except <br />with written approval of the State. <br />E. The Contractor shall not convey or sell any portion of the <br />project without prior written authorization f_om the State <br />until the Contractor has completed its payment obligation as <br />set [orth in paragraph A.12. above. The parties to this <br />contract intend that the relationship between them contemplated <br />by this contract is that of employer-independent contractor. <br />No agent, employee, or servant of the contracto.z shall be or <br />shall be deemed to be an employee , agent , or servant of the <br />State. The Contractor will be solely and entirely responsible <br />Page 4 of 7 Pages <br />