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<br />statements shall be withheld by the State: this <br />amount will cumulatively constitute the final <br />payment to be made pursuant. to paragraph 3.b, below. <br /> <br />b. A final payment of ten percent (10\) of all <br />monthly statements submitted by the Contractor will <br />be made by the State when the final report has been <br />received and approved by the State. whereupon the <br />Contractor shall submit its invoice for the final <br />payment. <br /> <br />c. The Contractor shall. either" upon the fat;e of <br />the invoice submitted for the final payment. or by <br />separate letter submitted with the invoice. <br />indicate that it has no further claim to make for <br />compensation or reimbursement due it pursuant to <br />the terms of this contract other than that <br />indicated. <br /> <br />4. The language in paragraph 4. of the Original Contract <br />shall be deleted and the fOllowing language shall be inserted: <br /> <br />4. The total cost of services to be rendered for the <br />Contractor by the Consultant is One Hundred Eighty <br />Thousand Dollars ($180.000) and the Contractor shall <br />pay the sum of Four Thousand Dollars ($4.000) as agreed <br />to by letters dated November 20. 1986. Exhibit B of the <br />Original Contract. and April 18. 1988. Appendix C of <br />this Second Amendment. which is hereby attached and <br />incorporated herein. The U.S. Department of the <br />Interior (Bureau of Reclamation) will also participate <br />in the study to the extent of Thirty-Three Thousand <br />Dollars ($33.000) as agreed to by letter dated November <br />12. 1986. Exhibit C of the Original Contract; and in no <br />event shall these payments be the liability of the <br />State. <br /> <br />5. The language in paragraphs 5. and 6. of the Original <br />Contract sball be deleted and the following language shall be <br />inserted: <br /> <br />5. In consideration of the State assuming a"poction of <br />the cost of the preparation of the said project <br />feasibility report. the Contractor shall pay to the <br />State the sum of One Hundred Eighty-Five Thousand One <br />Hundred Eighty-Five Dollars ($185.185) provided that <br />construction of the SUbject water project is initiated <br />within ten (10) years of the date of this contract. <br />The Contractor shall fulfill this obligation irre- <br />spective of how or by whom or to what specifications or <br />plans the subject project is financed. paid. or <br />constructed for so long as construction of the project <br />is initiated within the specified time. <br /> <br />6: In the event the Contractor must make payment <br />purSUant to the terms of paragraph 5. above. then the <br />said sum of One Hundred Eighty-Five Thousand One <br />Hundred Eighty-Five Dollars ($185.185) shall be payable <br />in ten (10) equal yearly installments of Eighteen <br />Thousand Five Hundred Eighteen Dollars and-Fifty Cents <br />($18.518.50) each. the first installment to be due and <br />payable upon the January 1st next succeeding the <br />initiation of construction on the said water project. <br />Subsequent payments shall be due and payable on January <br />1st of each year thereafter. <br /> <br />Page ~ of ~ pages <br />