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maintain, and operate or lease it; (d) act upon the security <br />(described in paragraph A.14. above) conveyed to the State; (e) <br />take action to enforce paragraphs A.11. and 13. above; and /or (f) <br />take any other appropriate legal action. All remedies described <br />herein may be simultaneously or selectively and successively <br />enforced. The provisions of this contract may be enforced by the <br />State at its option without regard to prior waivers by it of <br />previous defaults by the Contractor, through judicial proceedings <br />to require specific performance of this contract, or by such other <br />proceedings in law or equity as may be deemed necessary by the <br />State to ensure compliance with provisions of this contract and the <br />laws and 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 <br />project an amount not to exceed One Million Six Hundred Fifty <br />Thousand Dollars ($1,650,000). Said One Million Six Hundred Fifty <br />Thousand Dollars ($1,650,000) shall be made available to the <br />Contractor in accordance with the following terms and conditions: <br />a. Commencing ten (10 ) <br />contract and for every <br />project has been comple Ci <br />with the assistance <br />° <br />paragraph A.1. above <br />for project constructer <br />forward said estimate to <br />(15) days prior to the b,* <br />WL <br />s from the date of this <br />eafter until said <br />rel ctor shall prepare, <br />referred to in <br />stA,;n of the funds required <br />that month and shall <br />�4tate not less than fifteen <br />inznq of such month. <br />b. Upon receipt and "proval by the State of such <br />monthly estimate, the State will, within forty (40) days <br />from the approval of such estimate, pay over to the <br />Contractor the amount of the monthly estimate or such <br />portion thereof as has been approved by the State. <br />c. Project construction costs eligible for payment by <br />the State shall be limited to the cost of: <br />(1) Preparing final designs and specifications for <br />the project. <br />(2) Preparing bid and construction contract <br />documents. <br />(3) Preparing environmental assessment or <br />environmental impact statements, and otherwise <br />complying with the federal National Environmental <br />Policy Act. <br />(4) Complying with all federal, State, and local <br />regulatory requirements, including the obtaining of <br />all required permits. <br />(5) Land and water rights acquisitions needed for <br />the project, including the necessary appraisals and <br />evaluations. <br />(6) Fish and wildlife mitigation measures required <br />by federal, State, or local laws and regulations. <br />(7) Actual construction as called for in the bid <br />documents and in Change Order approved by the <br />Consultant, the Contractor, the Construction Firm, <br />and the State. <br />(8) Engineering services for construction <br />management, including design and construction <br />Page 5 of 10 pages <br />