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<br />',. <br /> <br />B. Upon default in the payments herein set forth to be macie <br />by the Contractor, or. in the performunce of any covenant or. <br />aqreement contained herein, the State, at its option, lIluy (a) <br />declare the entire principal amount then outstanding <br />immediately due and payable; (b) for the account of the <br />Contractor incur and pay reasonable expenses for repair, <br />maintenance, and overation of the system herein described and <br />such expenses as may be necessary to cure the cause of default; <br />and/or (c) take possession of the system, repair, maintain, and <br />operate or lease it. The provisions of this contract may be <br />enforced by the St~te at its option without regard to prior <br />waivers by it of p~evious defaults by the Contractor, through <br />judicial proceedi"nqs to require specific performance of this <br />contract or by suc~ other proceedings in law or equity as may <br />be deemed necessary by the State to insure compliance with <br />provisions of this contract and the laws and regulations under <br />which this contract: is made. <br /> <br />C. The State agrees that it shall: <br /> <br />1. Make avai~able to the Contractor for the purpose of <br />this contract not 1:0 exceed the sum of One Hundred Eight <br />Thousand Seven Hunored Fifty Dollars ($108,750). Said On. <br />Hundred Eight Thou$and Seven Hundred Fifty Dollars ($108,750) <br />shall be made available to the Contractor in accordance with <br />the following term$ and conditions: <br /> <br />a. Begioning with the monthly period commencing <br />October 1, 1982, and for every month thereafter until <br />said project has been completed, the Contractor shall <br />prepare with the assistance of the consulting <br />engineer referred to in paragraph A.1. above an <br />estimate of the funds required from the State for <br />project construction during that month and shall <br />forward @aid estimate to the State not less than <br />fifteen (15) days prior to the beginning of such <br />month. <br /> <br />b. Upon receipt and approval by the State of such <br />monthly estimate, the State will, within forty (40) <br />days fro~ the receipt of such estimate, pay over to <br />the Conttactor the amount of the monthly estimate or <br />such porf-ion thereof as has been approved by the <br />State. <br /> <br />c. No p~yments will be made under this contract <br />until thE! project plans and specifications referred <br />to in paIi"agraph A.1. above are approved by the State. <br /> <br />2. Provide the Contractor with such technical assistance <br />'as the State deems appropriate in planning, constructing, and <br />operating the projsct and in coordinating the project with <br />local official comrrehensive plans for sewer and water and with <br />any State or area plans for the area in which the project is <br />loca ted . <br /> <br />D. This contract is not assiqnable by the Contractor except <br />with written approval of the State. <br /> <br />E. The Contractor shall not conveyor sell any portion of the <br />project without prio~ written authorization from the State <br />until the Contractor has completed its payment obligation as <br />set forth in parag~aph A.12. above. The parties to this <br />contract intend th~t the relationship between them contemplated <br />by this contract i~ that of employer-independent contractor. <br />No agent, employee, or servant of the contractor shall be or <br />shall be deemed to be an employee, agent, or servant of the <br />State. The Contractor will be solely and entirely responsible <br />for its acts and tMe acts of its agents, employees, servants, <br />and Subcontractors during the performance of this contract. <br /> <br />Page 4 of 7 Pages <br />