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<br />32 <br /> <br />~ <br /> <br />5. In consideration of the State 'assuming a portion of the <br />cost of the prepara~ion of the".said project feasibility report, <br />the COntractor shall pay to the State the sum of Twenty-TwO <br />Thousand Three Hundred Seventy-Eight Dollars and Ninety Cents <br />($22,378.90) provided that construction of the subject water <br />project ie initiated witnin ten (10) years of tne date of tnis <br />contract. The Contractor shall fulfill this obligation <br />irrespective of ho~, or by whom, the subject water project is' <br />financed or paid for so long as construction is initiated within <br />the specified time. <br /> <br />6. In the event the Contractor must make payment pursuant <br />to the terms of paragraph 5 above, then the said sum of <br />Twenty-Two Thousand Three Hundred Seventy-Bight Dollars and <br />Ninety Cents 1$22,378.90) shall be payable in ten (10) equal <br />yearly installments of Two Thousand Two Hundred Thirty-Seven <br />Dollars and Eighty-Nine Cents ($2,237.89) each, the first <br />installment to be due and payable upon the January 1st next <br />succeeding the initiation of construction on the said water <br />project. Subsequent payments shall be due and payable on January <br />1st of each year thereafter. <br /> <br />7. This contract is personal in nature and assignment of <br />performance by the Contractor to another is prohibited unless <br />prior approval in writing is granted by the state. <br /> <br />8. The Contractor is an independent COntractor and AS such <br />is not entitled to any benefits of the State personnel system. <br /> <br />page 2 of ! Pages <br />