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<br />operate or lease it; (d) act upon the security (described in <br />paragraph A.S. above) deeded to the State; and/or (e) take any <br />other appropriate legal action. All remedies described herein <br />may be simultaneously or selectively and successivley <br />enforced. The provisions of this contract may be enf()r(~ed by <br />the State at its option without regard to prior waivers by it <br />of previous defaults by the Contractor. through jUdicial <br />proceedings to require specific performance of this contract or <br />by such other proceedings in law or equity as may be deemed. <br />necessary by the State to insure compliance with provisions of <br />this contract and the laws and regulations under which this <br />contract is entered into. <br /> <br />C. The State agrees that it shall: <br /> <br />1. Loan to the Contractor for the purpose of this contract <br />an amount not to exceed Three Hundred Thousand Dollars <br />($30D.000). Said Three Hundred Thousand Dollars ($300.000) <br />shall be made available to the Contractor in accordance with <br />the following terms and conditions: <br /> <br />a. Beginning with the monthly period commencing <br />October 1. 1986. and for every month thereafter until <br />said project has been completed. the Contractor shall <br />prepare. with the assistance of the engineering firm <br />referred to in paragraph A.l. above. an estimate of <br />the funds required from the State for project <br />construction during that month and shall forward said <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 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 <br />or such portion thereof as has been approved <br />by the State. <br /> <br />c. No payments will be made under this contract <br />until the project plans and specifications referred <br />to in par~graph A.I. 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 parties to this contract intend that the relationship <br />between them contemplated by this contract is that of <br />lender-borrower. not employer-employee. 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. engineering firms. <br />Construction Firms. and subcontractors during the performance <br />of this contract. <br /> <br />F. At all times during the performance of this contract. the <br />Contractor shall strictly adhere to all applicable federal and <br />state laws that have been or may hereafter be established. <br /> <br />G. This agreement is intended as the complete integration of <br />all understandings between the parties. No prior or <br />contemporaneous addition. deletion. or other amendment hereto <br /> <br />\ <br />I <br />, <br /> <br />Page 2 of [ Pages <br />