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<br />'. <br /> <br />maintain, and operate or lease it; (d) act upon the security <br />(described in paragraph A.14. above) conveyed to the State; (e) <br />take action to enforce paragraphs A.II. and 13. above; and/or (f) <br />take any other appropriate legal action. All remedies described <br />herein may be simultaneously or selectively and successively <br />enforced. The provisions of this contract may be enforced by the <br />State at its option without regard to prior waivers by it of <br />previous defaults by the Contractor, through judicial proceedings <br />to 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 the <br />laws and regulations under which this contract is entered into. <br /> <br />c. 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 One Million Six Hundred Fifty <br />Thousand Dollars ($1,6S0,000). Said One Million Six Hundred Fifty <br />Thousand Dollars ($1,650,000) shall be made available to the <br />Contractor in accordance with the following terms and conditions: <br /> <br />a. Commencing ten (10) days from the date of this <br />contract and for every month thereafter until said <br />project has been completed, the Contractor shall prepare, <br />with the assistance of the Consultant referred to in <br />paragraph A.l. above, an estimate of the funds required <br />for project construction during that month and shall <br />forward said estimate to the State not less than fifteen <br />(IS) days prior to the beginning of such month. <br /> <br />b. Upon receipt and approval by the State of <br />monthly estimate, the State will, within forty (40) <br />from the approval of such estimate, pay over to <br />Contractor the amount of the monthly estimate or <br />portion thereof as has been approved by the State. <br /> <br />such <br />days <br />the <br />such <br /> <br />c. Project construction costs eligible for payment by <br />the State shall be limited to the cost of: <br /> <br />(1) Preparing final designs and specifications for <br />the project. <br /> <br />(2) Prepar ing <br />documents. <br /> <br />bid <br /> <br />and <br /> <br />construction <br /> <br />contract <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 of <br />all required permits. <br /> <br />(S) Land and water rights acquisitions needed for <br />the project, including the necessary appraisals and <br />evaluations. <br /> <br />(6) Fish and wildlife mitigation measures required <br />by federal, State, or local laws and regulations. <br /> <br />(7) Actual construction as called for in the bid <br />documents and in Change Order approved by the <br />Consultant, the Contractor, the Construction Firm, <br />and the State. <br /> <br />(8) Engineering services <br />management, including design <br /> <br />for <br />and <br /> <br />construction <br />construction <br /> <br />Page 5 of 10 pages <br />