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<br />15. Comply with the provisions of Section 5 of S.B. 439, <br />1981 Session of the Colorado Ceneral Assembly. <br /> <br />6. Upon default in the payments herein set forth to be made <br />by the Contraotor, 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 State at its option ~ithout regard to prior <br />waivers by it of previous defaults by tllC Contractor, throuyh <br />judicial proceedings to require specific performance of this <br />contract or by such other proceedings in law or equity as may <br />be deemed necessary 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 />1. Make available to the Contractor for the purpose of <br />this contract not to exceed the sum of Two Hundred Twenty <br />Thousand Dollars ($220,000). Said Two Hundred Twenty Thousand <br />Dollars ($220,000) shall be made availabie to the Contractor in <br />accordance with the following terms and conditions; <br /> <br />a. Beginning with the monthly period commencing <br />February 16, 1962, and for every month thereafter <br />until said project has been completed, the Contractor <br />shall prepare with the assistance of the consulting <br />engineer referred to in paragraph A.l. above an <br />estimate of the funds required from the State for <br />project construction during that month and shail <br />forward said estimate to the State not less than <br />flfteen (15) days prior to the beginning of such <br />month. <br /> <br />b. Upon receipt and approval by the State of such <br />monthly estimate, the State will, withln 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.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 w~ter 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 assignablc hy the Contractor except <br />with written approval of the State. <br /> <br />E. The parties to this contract intend that the relationship <br />between them contemplated by this contract is that of . <br />employer-independent contractor. No agent, employee, or <br />servant of the contractor shall be or shall be deemed to be an <br />employee, agent, or servant of the State. The Contractor will <br />be solely and entirely responsible for its acts and the acts of <br />its agents, employees, servants, and Subcontractors during the <br />performance of this contract. <br /> <br />Page 4 of 7 Paqes <br />