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<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 containe~ 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 m~y be necessary to cure the cause of default; <br />and/or (c) take po~session of the system, repair, maintain, and <br />operate or lease it. The provisions of this contract may be' <br />enforced by the State at its option without regard to prior <br />waivers by it of p~evious defaults by the Contractor, through <br />judicial proceedin~s to require specific performance of this <br />contract or by sucn other proceedings in law or equity as may <br />be deemed necessarv by the State to insure compliance with <br />provisions of this contract and the laws and regulations under <br />which this contract is made. <br /> <br />C. The State agrees that it shall: <br /> <br />\ <br />I <br />i <br /> <br />1. Make available to the Contractor for the purpose of <br />this contract not to exceed the sum of One Hundred Seventy- <br />Seven Thousand Fiv~ Hundred Dollars ($177,500). Said One <br />Hundred Seventy-SeVen Thousand Five Hundred Dollars (~7,500) <br />shall be made available to the Contractor in accordance with <br />the following ter~ and conditions: <br /> <br />a. Begi~ning with'the monthly period commencing <br />August 1, 1983, and for every month thereafter until <br />said project has been completed, the Contractor shall <br />prepare with the assistance of the consulting <br />engineer referred to in paragraph A.I. above an <br />estimate of the funds required from the State for <br />project ~onstruction during that month and shall <br />forward taid estimate to the State not less than <br />fifteen (IS) days prior to the beginning of such <br />month. <br /> <br />b. Upon receipt and approval by the State of such <br />monthly ~stimate, the State will, within forty (40) <br />days from the receipt of such estimate, pay over to <br />the Cont~actor the amount of the monthly estimate or <br />such portion thereof as has been approved by the <br />State. <br /> <br />c. No peyments will be made under this contract <br />until the project plans and specifications referred <br />to in pa~agraph A.l. above are approved by the State. <br /> <br />2. Provide the Contractor with such technical assistance <br />as the State deems appropriate in planning, constructing, and <br />operating the project and in coordinating the project with <br />local official comprehensive plans for sewer and water and with <br />any State or area plans for the area in which the project is <br />located. <br /> <br />D. This contract is not assignable by the Contractor except <br />with written apprOVal of the State. <br /> <br />E. The Contracto~ shall not conveyor sell any portion of the <br />project without prior written authorization from the State <br />until the Contract~r has completed its payment obligation as <br />set forth in paragraph A.12. above. The parties to this <br />contract intend th~t the relationship between them contemplated <br />by this contract is that of employer-independent contractor. <br />No agent, employee, or servant of the contractor shall be or <br />shall be deemed to be an employee, agent, or servant of the <br />State. The Contractor will be solely and entirely responsible <br />for its. acts and the acts of its agents, employees, servants, <br />and Subcontractors during the performance of this contract. <br /> <br />Page 4 of 7 Pages <br />