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C150048 Paid in Full Contract
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C150048 Paid in Full Contract
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Last modified
12/24/2015 10:31:24 AM
Creation date
12/24/2015 10:31:20 AM
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Loan Projects
Contract/PO #
C150048
Contractor Name
Plumb and Dailey Ditch Company
Contract Type
Loan
Loan Projects - Doc Type
Contract Documents
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immediately due and payable. <br /> 15. Remedies For Default. Upon default in the payments herein set f•rth to be made by the <br /> BORROWER, or default in the performance of any covenant or agree . tained herein, the <br /> STATE, at its option, may: / <br /> .4 <br /> a. declare the entire principal amount and accrued interest them , t.nding i t iue <br /> and payable; <br /> b. incur and pay reasonable expenses for repair, maintenance, at. o nf ` OJECT <br /> facilities herein described and such expenses as may be necessaryt . s use of <br /> default, and add the amount of such expenditures to the principal of the loan a <br /> c. exercise its rights under the Promissory Note, Security Agreement, Assignment Of Deposit <br /> Account As Security, and Assignment Of Certificate Of Deposit, <br /> d. apply the funds contained in the CD ACCOUNT to the repayment of the loan; <br /> e. take any other appropriate action. <br /> All remedies described herein may be simultaneously or selectively and successively enforced. <br /> The provisions of this contract may be enforced by the STATE at its option without regard to prior <br /> waivers of previous defaults by the BORROWER, through judicial proceedings to require specific <br /> performance of this contract, or by such other proceedings in law or equity as may be deemed <br /> necessary by the STATE to ensure compliance with provisions of this contract and the laws and <br /> regulations under which this contract is executed. The STATE'S exercise of any or all of the <br /> remedies described herein shall not relieve the BORROWER of any of its duties and obligations <br /> under this contract. <br /> 16. Progress Reports. The BORROWER shall, with the assistance of the CONSULTANT, prepare a <br /> periodic progress report which contains a statement of the PROJECT costs expended for that <br /> period and submit said statement to the STATE. <br /> 17. Periodic Inspections. Throughout the term of this contract, the BORROWER shall permit a <br /> designated representative of the STATE to make periodic inspections of the PROJECT. Such <br /> inspections are solely for the purpose of verifying compliance with the terms and conditions of this <br /> contract. Furthermore, such inspections shall cover the condition of the PROJECT, operating <br /> records, maintenance records, and financial records, and shall not be construed nor interpreted as <br /> an approval of the actual design and/or construction of any element of the PROJECT facilities. <br /> 18. Adhere To Applicable Laws. The BORROWER shall strictly adhere to all applicable federal, state, <br /> and local laws and regulations that are in effect or may hereafter be established throughout the <br /> term of this contract. <br /> 19. No Discrimination Of Services. The services of said PROJECT shall be made available within its <br /> capacity and in accordance with all pertinent statutes, rules and regulations, and operational <br /> guidelines to all persons in the BORROWER'S service area without discrimination as to race, color, <br /> religion, or national origin at reasonable charges (including assessments or fees), whether for one <br /> or more classes of service, in accordance with a schedule of such charges formally adopted by <br /> the BORROWER, as may be modified from time to time. <br /> B. The STATE agrees as follows: <br /> 1. Agreement To Loan Money. The STATE agrees to loan to the BORROWER an amount not to <br /> exceed that specified in the Promissory Note Provisions of this contract. <br /> Plumb and Dailey Ditch Company Page 7 of 12 Loan Contract <br />
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