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<br />B. Upon default in the payments herein set foeth to be made <br />by the Contrac~or, or in the performance of any covenant or <br />agreement containeq herein, the State, at its op~ion, 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 cuee the cause of default~ <br />and/or (c) take pOE:lsession 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 proceedings to require specific performance of this <br />contract or by sucn 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 Four Hundred Forcy-Two <br />Thousand Five Hund~ed Dollars ($442,500). Saie'! Four Hundred <br />Forty-Two Thousand Five Hundred Dollars ($442,500) shall be <br />made available to the Contractor in accoedance with the <br />following terms and conditions: <br /> <br />a. Begirming with the monthly period conunencing <br />July, 15, 1981, and for every month thereafter until <br />said project has been completed, the Contactor shall <br />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 shall <br />forward $aid 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 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 th~ 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 proj~ct and in coordinating the project with <br />local official comDrehensive plans for sewer and water: and with <br />any State or area Dlans 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 />employer-independeht 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 Contract.or will <br />be solely and entirely responsible for its acts and the acts of <br />its agents, employees, servants, and Sub-contractors during the <br />performance of thi~ contract. <br /> <br />F. At all times during the performance of this contract, the <br /> <br />Page 4 of 7 Pages <br />