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<br />~ <br /> <br />B. Upon default in the payments herein set forth to be made <br />by the Contractort or in the performance of any covenant or <br />agreement contain~d herein, the State, at its option, may (a) <br />declare the entir~ principal amount then outstanding <br />immediately due and payable; (b) for the account of the <br />Contractor incur and pay reasonable expenses for repai r, . <br />maintenance, and operation of the system herein described anrl <br />such expenses as may be necessary to cure the cause of defa~ft; <br />and/or (el take 1?C>ssession of the system, repair, maintain,' and <br />operate or lease it. The provisions of this contract may be. <br />enforced by the State at its option without regard to prio~ <br />waivers by it of previous defaults by the Contractor, thro~9h <br />judicial proceedings to require specific performance of this <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 regulations 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 One Hundred Nineteerl <br />Thousand Five Hundred Dollars ($119,500). Said One Hundred <br />Nineteen Thousand Five Hundred Dollars ($119,500) shall be made <br />available to the Contractor in accordance with the following <br />terms and conditions: <br /> <br />a. Beginning with the monthly period commencing <br />September 1, 1982, and for every month thereafter <br />until said project has been completed, the Contraq:tor <br />shall Prepare with the assistance of the consulti~g <br />engineer referred to in paragraph A.1. above an ,\ <br />estimate of the funds required from the State fa" <br />project construction 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 estimate, the State will, within forty (40) <br />days from the receipt of 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 <br />State. <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 dee~s 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 are~ plans for the area in which the project is <br />located. <br /> <br />D. This contra~t is not assignable by the Contractor except <br />with written apP~oval of the State. <br /> <br />E. The Contractor shall not conveyor sell any portion of the <br />project without Drior written authorization from the State <br />until the Contra~tor has completed its payment obligation as <br />set forth in parqgraph A.12. above. The parties to this <br />contract intend that the relationship between them contemplated <br />by this contract is that of employer-independent contractor. <br />No agent, emploY~e, or servant of the contractor shall be or <br />shall be deemed to be an employee, agent, or servant of the <br />State. The Cont~actor will be solely and entirely responsible <br />for its acts and the acts of its agents, employees, servants, <br />and Subcontractots during the performance of this contract. <br /> <br />page 4 of 7 pagen <br />