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<br />~. <br /> <br />thirteen and four hundredths percent (13.n4%) of. the total <br />amount provided to the Borrower will be a nonreimbursable <br />grant. Said Two Million Three Hundred Fifty-One ~housand Nine <br />Hundred Two Dollars ($2,351,Q02) shall be made availahle to the <br />Borrower in accordance with the iollowinq terms and con~itions: <br /> <br />a. Beginning with the monthly period commencinq <br />May 1, 1986, and for every month thereafter until. <br />said project has been completed, the Borrower shall <br />prepare, with the assistance of the engineerinq firm <br />referred to in paraqraph A.l. above, an estimate of <br />the funds required from the State for proiect <br />construction during that month and shall forwar<i sain <br />estimate to the State not less than fifteen (15) days <br />prior to the beginning of such month. <br /> <br />b. upon receipt and approval hy the State of such <br />monthly estimate, the State will, within forty (40) <br />days from the receipt of such estimate, nay over to <br />the Borrower the amount of. the monthly estimate <br />or such portion thereof as has been aporove~ <br />by the State. <br /> <br />c. No payments will be mane under this contract <br />until the pro;ect olans and specifications ~eferred <br />to in paragraph A.l. above are anorove~ by the ~tate. <br /> <br />2. Provide the Borrower with such technical a5sistance as <br />the State deems appropriate in planninq, constructinq, ann <br />operating the project and in coorninatinq the oroiect with <br />local official comprehensive olans for sewer and water ann with <br />any State or area plans for the area in which the oroiect is <br />located. <br /> <br />D. This contract is not assignable by the Borrower exceot <br />with written aporoval of the State. <br /> <br />E. The parties to this contract intend that the rp.lationshio <br />between them contemplated by this contract is that of <br />lender-borrower, not employer-employee. ~o agent, employee, or <br />servant of the Borrower shall be or shall be neemed to be an <br />employee, agent, or servant of the State. The Aorrower will he <br />solely and entirely responsible for its acts and the acts of <br />its agents, employees, servants, engineering firms, <br />Construction Firms, and subcontractors durinq the performance <br />of this contract. <br /> <br />F. At all times during the performance of this contract, the <br />Borrower shall strictly adhere to all apoJ.icable federal and <br />state laws that have been or may hereafter be establisheo. <br /> <br />G. This agreement is intended as the cO~Dlete inteqration of <br />all understanninqs he tween the parties. No prior or <br />contemporaneous addition, deletion, or other amendment hereto <br />shall have any force or effect whatsoever unless embodie~ <br />herein in writing. No subsequent nov~tion, renewal, annition, <br />deletion, or other amendment hereto shall have any force or <br />effect unless embodied in a written contract executed and <br />approved pursuant to the State fiscal rules. <br /> <br />H. In its sole discretion, the State may at any time qive any <br />consent, deferment, subordination, release, satisfaction, or <br />termination of any or all of the Borrower's obliqations under <br />this agreement, with or without valuable consideration, upon <br />such terms and conditions as the State may determine to be (a) <br />advisable to further the purposes of this contract or to <br />protect the State's financial interest therein, and (b) <br />consistent with both the statutory purposes of this contract <br />and the limitations of the statutory authority under which it <br />is made. <br /> <br />Page 5 of 8 Paqes <br />