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<br />. <br />~ <br /> <br />Q <br /> <br />waivers by it of previous defaults by the Contractor, 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 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 Two Hundred Twenty-One <br />Thousand One Hundred Six Dollars and Eighty-~hree Cents <br />($221,106.83). Said Two Hundred Twenty-One Thousand One <br />Hundred Six Dollars and Eighty-Three Cents ($221,106.83) shall <br />be made available to the Contractor in accordance with the <br />fOllowing ~s and c~nditions: <br /> <br />~a~ Beginning with the monthly period commencing <br />July 1', 1984. 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.I. above an <br />estimate of the funds required from the State for <br />project construction during that month and shall <br />forward said estimate to the State not less than <br />fifteen (IS) days prior to the beginning of such <br />~nth. . <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.I. 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 project 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 authoriz~tion from the State <br />until the Contractor has completed its payment obligation as <br />set forth in paragraph 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. 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 the acts of its agents, employees. servants, <br />and Subcontractors during the performance of this contract. <br /> <br />F. At all times during the performance of this contract, the <br />Contractor shall strictly adhere to all applicable federal and <br />state laws that have been or may hereafter be established. <br /> <br />G. This agreement is intended as the. complete integration of <br />all understandings between the parties. No prior or <br />contemporaneous addition. deletion, or other amendment hereto <br />shall have any force or effect whatsoever unless embodied <br /> <br />Page 4 of 7 Pages <br />