Laserfiche WebLink
<br />;. <br /> <br />1 <br />, <br /> <br /> <br />.' . " <br /> <br />'1 <br /> <br />, <br /> <br /> <br />( <br /> <br />specific performance of this contract or by such other proceedings <br />in law or equity as may be deemed necessary by the state to insure <br />compliance with provisions of this contract and the laws and <br />regulations under which this 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 an <br />amount not to exceed Three Hundred Fifty-Six Thousand Three <br />Hundred sixty Dollars ($356,360). said Three Hundred Fifty-six <br />Thousand Three Hundred sixty Dollars ($356,360) shall be made <br />available to the Contractor in accordance with the following terms <br />and conditions: <br /> <br />a. Beginning with the monthly period commencing with the <br />date of this contract 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 the <br />funds required from the state for project engineering <br />and/or construction during that month and shall forward <br />said 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 monthly <br />estimate, the state will, within forty (40) days from the <br />receipt of such estimate, pay ove, to the Contractor the <br />amount of the monthly estimate or such portion thereof as <br />has been approved by the state. <br /> <br />c. No payments will be made under this contract for <br />project construction until the project plans and <br />specifications referred to in paragraph A.l. above are <br />approved by the State. <br /> <br />2. provide the Contractor with such technical assistance as <br />the state deems appropriate in planning, constructing, and <br />operating the.project and in coordinating the project with local <br />official comprehensive plans for sewer and water and with any <br />state or area plans for the area in which the project is located. <br /> <br />D. This contract is not assignable by the Contractor except with <br />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 be <br />solely and entirely responsible for its acts and the acts of its <br />agents, employees, servants, engineering firms, Construction <br />Firms, and subcontractors during the performance of this oontract. <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 all <br />understandings between the parties. No prior or contemporaneous <br />addition, deletion, or other amendment hereto shall have any force <br />or effect whatsoever unless embodied herein in writing. No <br />subsequent novation, renewal, addition, deletion, or other <br />amendment hereto shall have any force or effect unless embodied in <br />a written contract executed and approved pursuant to the state <br />fiscal rules. <br /> <br />H. In its sole discretion, the seate may at any time give any <br />consent, deferment, subordination, release, satisfaction, or <br />termination of any or all of the Contractor's obligations under <br />this agreement, with or without valuable consideration, upon such <br />terms and conditions as the state may determine to be (a) <br />advisable to further the purposes of this contract or to protect <br /> <br />Page 2 of ~ pages <br />