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be enforced by the State at its option without regard to prior waivers by it of previous <br />defaults by the Contractor, through judicial proceedings to require specific performance <br />of this contract, or by such other proceedings in law or equity as may be deemed necessary <br />by the State to ensure compliance with provisions of this contract and the laws and <br />regulations under which this contract is entered into. <br />C. The State agrees that it shall: <br />1. Loan to the Contractor for the construction of the project an amount not to <br />exceed Forty-Five Thousand Dollars ($45,000). Said Forty -Five Thousand Dollars <br />($45,000) shall be made available to the Contractor in accordance with the <br />following terms and conditions: <br />a. Commencing ten (10) days from the date of this contract and for every <br />month thereafter until said project has been completed, the Contractor shall <br />prepare, with the assistance of the Consultant referred to in paragraph A.1. <br />above, an estimate of the funds required for project construction during that <br />month and shall forward said estimate to the State not less than fifteen (15) <br />days prior to the beginning of such month. <br />b. Upon receipt and approval by the State of such monthly estimate, the <br />State will, within forty (40) days from the receipt of such estimate, pay over <br />to the Contractor the amount of the monthly estimate or such portion thereof <br />as has been approved by the State. <br />c. Project construction costs eligible for paymen S 1 be limited <br />to the cost of: <br />(1) Preparing final designs and specificatiorkfoiVe project. <br />(2) Preparing bid and construction contracuments. <br />(3) Preparing environmental assessment or environmental impact <br />statements, and otherwise complying with the federal National <br />Environmental Policy Act. <br />(4) Complying with all federal, State, and local <br />regulatory requirements, including the obtaining of all required permits. <br />(5) Land and water rights acquisitions needed for the project, including <br />the necessary appraisals and evaluations. <br />(6) Fish and wildlife mitigation measures required by federal, State, or <br />local laws and regulations. <br />Page 6 of 11 Pages <br />