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<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 without regard to prior <br />waivers by it of previous defaults by the Contractor, through' <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 One Million One Hundred <br />Thirty-Two Thousand Two Hundred Fifty Dollars ($1,132,250). <br />Said One Million One Hundred Thirty-Two Thousand Two Hundred <br />Fifty Dollars ($1,132,250) shall be made available to the <br />Contractor in accordance with the following terms and <br />conditions: <br /> <br />a. Beginning with the monthly period commencing <br />December 1, 1982, 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.1. above an <br />estimate of the funds required from the State for <br />project construction during that month and shall <br />forward said estimate to the State not less than <br />fifteen (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, 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 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 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 Contractor shall not conveyor sell any portion of the <br />project without prior written authorization from the State <br />until the Contractor has completed its payment Obligation as <br />set forth in paragraph A.12. above. The parties to this <br />contract intend that 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 />