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<br />"l <br /> <br />. <br /> <br />. <br /> <br />NOW THEREFORE, in consideration of the mutual and dependent covenants contained <br />herein, the parties agree as follows: <br /> <br />1, Study performance. The CONTRACTOR shall require the CONSULTANT to perform the STUDY <br />tasks in accordance with the STUDY Scope of Services attached as Appendix A and <br />incorporated herein, <br /> <br />2. Time of performance. The CONTRACTOR recognizes that time is of the essence in the <br />performance of its obligations under this contract Therefore, the CONTRACTOR shall require <br />the CONSULTANT and STUDY participants to complete the activities shown in Table 1 of <br />Appendix A and submit a statement of costs in accordance with Paragraph 3,a on or before <br />June 30, 2000. The Contractor will provide the Final Report in accordance with the Work <br />Schedule of Appendix A on or before September 30, 2000. <br /> <br />3. Disbursement of funds. The STATE shall disburse funds to the CONTRACTOR to pay for <br />the costs associated with preparing the STUDY up to a maximum amount of $75,000 in the <br />following manner: <br /> <br />8. Statement of costs. During the preparation of the STUDY, the CONTRACTOR and the <br />CONSULTANT shall prepare statements of the costs of the STUDY, Each statement shall <br />indicate the tasks that have been performed and the percentage completion of each <br />task by task number as specified in Appendix A, shall be approved by the DISTRICT <br />and the WATER RESOURCES, and submitted to the STATE for payment <br /> <br />b. Payment of statements. Upon receipt and approval by the STATE of each such <br />statement of costs, the STATE will, within 30 days from the approval of such statement, <br />pay to the CONTRACTOR the amount of the statement or such portion thereof as has <br />been approved by the STATE. <br /> <br />4. Provision to STATE of study results. The CONTRACTOR shall provide the STATE with full <br />access to STUDY development, data, drafts and conclusions and with copies of the interim <br />and final Study reports. If necessary, the CONTRACTOR shall obtain copies of such STUDY <br />materials from the CONSULTANT on behalf of the STATE. In addition, upon completion of the <br />Study, the CONTRACTOR shall make a presentation to the CWCS at a regularly scheduled <br />CWCS meeting on the results of the Study. <br /> <br />5, Termination of contract for cause. If, through any cause, the CONTRACTOR fails to fulfill in <br />a timely and proper manner its obligations under this contract, or if the CONTRACTOR violates <br />any of the covenants, agreements, or stipulations of this contract, the STATE shall thereupon <br />have the right to terminate this contract for cause by giving written notice to the <br />CONTRACTOR of Such termination and specifying the effective date thereof, at least five (5) <br />days before the effective date of such termination. In that event, the CONTRACTOR shall <br />provide the STATE with copies of all finished STUDY development, data, drafts and <br />conclusions prepared by the CONSULTANT pursuant to any contracts between the <br />CONTRACTOR and the CONSULTANT relating to the STUDY, The CONTRACTOR shall provide <br />such copies to the STATE within thirty (30) days of the effective date of such termination. <br />Upon submittal to the STATE of a statement of STUDY costs for the period preceding the <br />effective date of the termination of this contract, the CONTRACTOR shall be entitled to receive <br />the STATE'S share of the cost of any such STUDY materials that have been prepared before <br />the effective date of termination of this contract, have been provided to the STATE, and have <br /> <br />Page 2 of 7 <br />