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<br />agreement contained herein, the Stdt.e, at its option, mdY (a) <br />decldr{~ Che (!nt.ir(' princip<ll .unounl. then outstdnoing <br />Imm,edidt('!ly <JUt! dnd p.IYdhle; (b) fo.... the dccount of th~ <br />ConLrdcLor incur dntl PdY n~dSOndbl(! expenses for repaLr, <br />mdintenance, dnd operdtion of the system herein described dnd <br />such expenses dS may be nec~ssdry La cure the CdUse of defdult; <br />dnd/or (c) take possession of the system, repdlr, ma.lntdin, and <br />operdte 0.... ledse it. The provisions of this contract may be <br />enforced by Lhe State .it. its option wi thout regard to pr tor <br />Wdivers by iL of preViOIJS defdulLs by the Contrdctor, through <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 necessdry by the State to insure compliance with <br />provisions of this contrdct dnd the laws dnd regulations under <br />which this contrdct is made. <br /> <br />C. The State agrees thdt it shall: <br /> <br />1. Make available to the Contractor for the purpose of <br />this contract not to exceed the sum of Twelve Thousand Dolldrs <br />($12,000). Said Twelve Thousand Dollars ($12,000) shali be <br />mdd~ avaiLable to the Contrdctor in dccorddnce with the <br />following t~rms dnd conditions: <br /> <br />a. Beginning with the monthly period commenctng <br />October 15, 1981, dnd for every month thereafter <br />untIL selid project has been completed, the Contactor <br />shall prepare with the assistance of the consulting <br />engi.neer referred to i,n pardgrdph A.1. above dn <br />estfmdte of the funds required from the State for <br />project const.ruction during that month and shdll <br />forward said esttmate to the State not less than <br />fiftee~ (15) days prior to the beginning of such <br />month. <br /> <br />b. Upon receipt dnd approvdl by the State of such <br />monthly estimate, the State will, within forty (40) <br />ddYs ftom the receipt of such estimate, pay over to <br />t.he Contrdctor the dmount of the monthly estimate or <br />such portion thereof as has been approved by the <br />State. <br /> <br />c. No payments will he made under this contract <br />until the project pldns and specIficatlons referred <br />to in paragraph A.1. above are approved by the State. <br /> <br />2. Provide the Contractor wilh such technical assIstance <br />dS the State deems appropriate in planning, constructing, and <br />operating ~he project and in coordinating the project with <br />local official comprehensive plans for sewer dnd water and with <br />any State or dr~d pldns for the ared in which the project is <br />locat~d. <br /> <br />D. This contract is not assignable by 'the Contractor f':.,xcepL <br />with written dpprovdl of the Slale. <br /> <br />E. The parties to this contrdct intend that the relationship <br />belween them contemplated by this conlracL is that of <br />employer-independent contrdctor. No dgent., employee, or <br />servanL of the contractor shdl 1 be: or shdtl b(~ deemed to be dO <br />employee, dgenl, or servanl of lhe StaLe. The Contractor will <br />be solely dnd entirely responsible for its dcts and the acts of <br />its dgents, employees, servdnts, and SUb-COrltrdctors'duri"g the <br />performance of this contract. <br /> <br />F. At all times during the performdnce of this contrdct, the <br />Contractor shall strictly adhere to all. applicable fedecdl and <br />state laws that have been or may hereafter be establlshed. <br /> <br />l)(lqe 4 of 7 P,lq(lS <br />