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<br />\ <br />\ <br />I <br />i <br /> <br />~'?. ' <br /> <br />to enforce paragraph B.12. above; and/or (f) take any other <br />appropriate legal action. All remedies described herein may be <br />simultaneously or selectively and successively enforced. The <br />provisions of this contract may be enforced by the State at its <br />option without regard to prior waivers by it of previous <br />defaults by the Contractor. through judicial proceedings to <br />require specific performance of this contract. or by such other <br />proceedings in law or equity as may be deemed necessary by the <br />State to ensure compliance with provisions of this contract,and <br />the laws and regulations under which this contract is entered <br />, , <br />lotO. <br /> <br />D. The State agrees that it shall: <br /> <br />1. Loan to the Contractor for the construction of the <br />project an amount not to exceed Six Hundred Forty Thousand <br />Dollars ($640.000). Said Six Hundred Forty Thousand Dollars <br />($640,000) shal1 be made available to the Contractor in <br />accordance with the following terms and conditions: <br /> <br />a. Beginning with the monthly periOd commencing <br />~ .. ;/';U /q'l'l <br /> <br />and for very month thereafter until said project has <br />been completed. the Contractor shall prepare. with the <br />assistance of the Consultant referred to in paragraph <br />B.l. above. an estimate of the funds required for <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 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 State. <br /> <br />c. No payments will be made under this contract <br />unless and until the project plans and specifications <br />referred to in paragraph B.1. above are approved by <br />the State in writing. <br /> <br />d. Project construction costs eligible for payment by <br />the State shall be limited to the cost of: <br /> <br />(I) Preparing final designs and specifications <br />for the project. <br /> <br />(2) Preparing bid and construction contract <br />documents. <br /> <br />(3) Preparing environmental assessment or <br />environmental impact statements. and otherwise <br />complying with the federal National Environmental <br />Policy Act. <br /> <br />(4) Complying with all federal, State. and local <br />regulatory requirements. including the Obtaining <br />of all required permits. <br /> <br />(5) Land and water rights acquisitions needed for <br />the project. including the necessary appraisalS <br />and evaluations. <br /> <br />(6) Fish and wildlife mitigation measures <br />required by federal. State. or local laws and <br />regulations. <br /> <br />(7) Actual construction as called for in the bid <br />documents and in Change Orders approved by the <br /> <br />Page i of 10 Pages <br />