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<br />. <br /> <br />. <br /> <br />(b) The payment of charges becoming due hereunder is a condition <br />precedent to receiving benefits under this contract. No water will be made <br />available to the Contractor through Project facilities during any period in <br />which th~ Contractor may be in arrears in the advance payment of any operation <br />and maintenance charges due the' United States or in arrears for more than 12 <br />months in the payment of any construction charges due the United States. The <br />Contractor shall not furnish water made available pursuant to this contract <br />for lands or parties which are in arrears in the advance payment of operation <br />and maintenance or toll charges or in arrears more than 12 months in the <br />payment of contruction charges as levied or established by the Contractor. <br /> <br />CHARGE FOR LATE PAYMENTS <br /> <br />15. The Contractor shall pay a late payment on installments or charges <br />which are received after the due date. The late payment charge percentage <br />rate calculated by the Department of, the Treasury and published quarterly in <br />the Federal Register shall be used; Provided, That the late payment charge <br />percentage rate will not be less than 0.5 percent per month. The late payment <br />charge percentage rate applied on an overdue payment will remain in effect <br />until payment is received or a different rate is published. The late payment <br />rate for a 30-day period will be determined on tqe day immediately following <br />the due date and will be applied to the overdue payment ,for any portion of <br />the 30-day period of delinquency. In the case of partial late payments, 'the <br />amount received will first be applied to the late charge on the principal <br />and then to'payment of the principal. This rate shall prevail on late pay- <br />ments associated wi th, this contract. Late payments associated with other <br />contracts between the United States and Contractor shall be penalized in <br />accordance with the articles then in effect at the time of execution of those <br />contracts. <br /> <br />PRIOR CONTRACTS <br /> <br />16. The rights and obligations created hereby are supplementary to <br /> <br />and do not supersede or affect the rights and obligations under any prior con- <br /> <br />tracts between the United States and the Contractor except as herein modified. <br /> <br />FAILURE TO COMPLETE WORK <br /> <br />17. (a) In the event that the Contractor for any reason, other than the <br />nonavailability of funds to be advanced by the United States under the terms of <br />this contract, fails to complete the work to be performed hereunder in the <br />manner and to the extent provided in Article 2, upon written notice from the <br />Contracting Officer tne Contractor shall return to the United States any unex- <br />pended, unobligated, and unencumbered balances of funds advanced by the United <br />States and of funds contributed by the Contractor in the same manner as is <br />required in Article 8 hereof, and the Contracting Officer, upon the giving of <br />the aforesaid notice, may adopt either of the following alternatives: <br /> <br />(1) Perform or cause to be performed all or any part of the <br />work rema1n1ng to be performed under and within the limits of the funds pro- <br />vided herein by the United States and by the Contractor for the Project, and <br />operate and maintain the Project works concurrently therewith, in which event <br /> <br />16 <br /> <br />Articles 14, 15, 16, and 17 <br />