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<br />c <br /> <br />p <br />. <br /> <br />, <br />\ <br />I <br />I <br /> <br />B. Upon default in the payments herein set forth to be made <br />by the Contractor, or in the performance of any covenant or <br />agreement contained herein, toe State, at its option, may (oj <br />neclare the entire principal aMount then out~tanninq <br />immediately due and payable; (b) foe the account of the <br />Contractor incur and pay reasonable expenses Eor repair, <br />maintenance, and operation of the syst.em herein described Zind <br />such expenses as may be. necessary to cure the c;=ause <:>E o7fa.ult; <br />and/or Ie) take possesslon of the system, repalr, malntaln, and <br />operate or lease it. The provisions of this contract may be <br />enforced by the State at its option without reqarn to priot <br />waivers by it of previous defaults by the Contractor, throughl <br />judicial proceedings to require specific performance of t.his <br />contract or by such 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 requlations under <br />which this COntract is made. <br /> <br />c. The State agrees that it shall: <br /> <br />1. Make available to the Contractor for the purpose of <br />this contract not to exceed the sum of Two Hundred Fourteen <br />Thousand Seven Hundred Dollars ($214,700). Said Two Hundred <br />Fourteen Thousand Seven Hundred Dollars ($214,700) shall be <br />made available to the Contractor in accordance with the <br />fOllowing terms and conditions: <br /> <br />a. Beginning with the monthly period commencing <br />May 1, 1982, and for every month thereafter until <br />said project has been completed, the Contractor shall <br />prepare ~ith the assistance of the consulting <br />engineer referred to in paragraph h.1. above an <br />estimate of the funds required from the State for <br />project eonstruction during that month and shall <br />forward said 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 ~stimate, the State will, within forty (40) <br />da~s fro~ the receipt of sucb estimate, pay over to <br />the Cont~actor the amount of the monthly estimate or <br />such portion thereof as has been approved by the <br />Sta.te. <br /> <br />c. No payments will be made under this contract <br />until the project plans and specifications referred <br />to in paragraph 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 project and in coordinating the project with <br />local official comprehensive plans for sewer and water and with <br />any State or area plans for the area in which the projec~ is <br />located. <br /> <br />D. This contract is not assignable 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 prior written authorization f=om the State <br />until the Contractor has completed its payment obligation as <br />sat forth in paragraph A..12. above. The parties to this <br />contract intend that the relationShip he tween them contemplated <br />by this contract is that of employer-independent contractor. <br />No aqent, employee, or servant of the contractor shall be or <br />shall he deemed to be an employee, aqent, or servant of the <br />State. The Contractor will be solely and entirely responsible <br /> <br />Page 4 of 7 Pages <br />