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<br />" ,,~". <br /> (.", ) , <br /> , , <br /> <br />the Contractor has purchased the project system. The State <br />shall be the sole insured of this pOlicy. The purchase price <br />payable to the State shall be reduced in the amount of any <br />payments made to the State under this insurance coverage; if <br />only a portion of the purchase price is paid to the State under <br />this policy, the number of installment payments shall remain <br />unchanged, however the amount of each payment shall be <br />reduced. <br /> <br />14. C~nply with Construction Fund Program Procedures <br />attached hereto as Schedule A. <br /> <br />15. Comply with the provisions of Section 5 of S.B. 439, <br />1981 Session of the Colorado General Assembly. <br /> <br />16. Not sell, convey, assign, grant, transfer, or <br />otherwise dispose of the project or any portion thereof, so <br />long as any of the annual installments required by paragraph <br />A.12. above remain unpaid, without the prior written <br />concurrence" of the State. <br /> <br />B. Upon default in the payments herein set forth to be made <br />by the Contractor, or in the performance of any covenant or <br />agreement contained herein, the State, at its option, may (a) <br />declare the entire principal amount then outstanding <br />immediately due and payable: (b) for the account of the <br />Contractor incur and pay reasonable expenses for repair, <br />maintenance, and operation of the system herein described and <br />such expenses as may be necessary to cure the cause of default; <br />and/or (c) take possession of the system, repair, maintain, and <br />operate or lease it. The provisions of this contract may be <br />enforced by the Sta"te at its option without regard to prior <br />waivers by it of previous defaults'by the Contractor, through <br />judicial proceedings to require specific performance of this <br />contract o~"by such other p~oceedinqs in law or equity as may <br />be deemed necessary by the State to insure compliance with <br />provisions of this contrac-t and the laws and regulations under <br />which this contract is made. <br /> <br />C. The S tate agrees that it shall: <br /> <br />1. Make available to the Contractor for the purpose of <br />this contr.act not to excGG(] the sum or: One Ilundrcd Ninety-Nine <br />Thousand Dollars ($199,000). Said One Hundred Ninety-Nine <br />Thousand Dollars ($199,000) shall be made available to the <br />Contractor in accordance with the following terms and <br />conditions: <br /> <br />a. Beginning with the monthly period commencing <br />December 15, 1982, and for every month thereafter <br />until said project has been completed, the Contractor <br />shall prepare with the assistance of the consulting <br />enq ineer referred to in paragraph A.1. 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 (15) days pr ior to the beg inning of such <br />mon th . <br /> <br />b. Upon receipt and ~pproval 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.1. above are approved by the State. <br /> <br />p.age 4 of 7 Pages <br />