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<br />t./ <br /> <br />such expenses as may be necessary to cure the cause of default: <br />(e) take possession of the project. repair. maintain. and <br />operate or lease it: Cd) act upon the security (des'cribed in <br />paragraph A.14. above) conveyed to the State; (e) take action <br />to enforce paragraphs A.II. and 13. above; and/or (f) take any <br />other appropriate legal action. All remedies described herein <br />may be simultaneously or selectively and successively <br />enforced. The pro~isions of this contract may be enforced by <br />the State at its option without regard to prior waivers by it <br />of previous defaul ts by the Contractor, through jUdicia 1 <br />proceedings to req~ire specific performance of this contract, <br />or by such other proceedings in law or equity as may be deemed <br />necessary by the State to ensure compliance with provisions of <br />this contract and the laws and regUlations under which this <br />contract is entereQ into. <br /> <br />C. The State agrees that it shall: <br /> <br />v. <br /> <br />1. Loan to the Contractor for the construction of the <br />project an amount not to exceed Two Hundred Fifty Thousand <br />Dollars ($250.000). Said Two Hundred Fifty Thousand Dollars <br />($250.000) shall b~ made available to the Contractor in <br />accordance with th~ following terms and conditions: <br /> <br />a. Commencing ten (10) days from the date of this <br />contract and for every month thereafter until said <br />project has been completed, the Contractor shall <br />prepare. ~ith the assistance of the Consultant <br />referred to in paragraph A.t. above. an estimate of <br />the funds required for project construction during <br />that month and shall forward said estimate to the <br />State not less than fifteen (15) days prior to the <br />beginning of such month. <br /> <br />b. Upon receipt and approval by the State of such <br />monthly estimate, the State will, wi~in forty (40) <br />days trom the receipt ot such estimate. pay over to <br />the Contractor the amount of the monthly estimate or <br />such portion thereof as has been approved by the State. <br /> <br />c. No payments will be made under this contract <br />unless an~ until the project plans and specifications <br />referred to in paragraph A.l. above are approved by <br />the State in writing. <br /> <br />d, Project construction costs eligible for payment by <br />the State shall be limited to the cost of: <br /> <br />(1) ~reparing final designs and specifications <br />for the project. <br /> <br />(2) Preparing bid and construction contract <br />documents. <br /> <br />(3) ~reparing environmental assessment or <br />environmental impact statements. and otherwise <br />complying with the federal National Environmental <br />Policy Act. <br /> <br />(4) Complying with all federal, State. and local <br />regulatory requirements. including the Obtaining <br />of all required permits. <br /> <br />(5) <br />the <br />and <br /> <br />Land and water rights <br />project. including the <br />evaluations. <br /> <br />acquisitions needed for <br />necessary appraisalS <br /> <br />(6) Fish and wildlife mitigation measures <br />required by federal, State, or local laws and <br />regulations. <br /> <br />Page i of 10 Paqes <br />