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<br />. , <br /> <br />a. Beginning with the monthly period commencing <br />December 1, 1985, and for every month thereafter <br />until said project has been completed, the Borrower <br />shall prepare, with the assistance of the engineering <br />firm referred to in paragraph A.I. above, an estimate <br />of 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 Borrower 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 ~n paragraph A.I. above are approved by the State. <br /> <br />d. Payment under this paragraph c. is contingent on <br />matching funds being provided for the project by the <br />Borrower. <br /> <br />2. Provide the Borrower with such technical assistance as <br />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 Borrower except <br />with written apprOVal of the State. <br /> <br />E. The parties to this contract intend that the relationship <br />between them conte~plated by this contract is that of <br />lender-borrower, nOt employer-employee. No agent, employee, or <br />servant of the Borrower shall be or shall be deemed to be an <br />employee, agent, or servant of the State. The Borrower will be <br />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 />, <br /> <br />F. At all times quring the performance of this contract, the <br />Borrower shall str~ctly adhere to all applicable federal and <br />state laws that ha~e been or may hereafter be established. <br /> <br />\ <br />\ <br />I <br />I <br /> <br />G. This agreemen~ is intended as the complete integration of <br />all understandings between the parties. No prior or <br />contemporaneous ad4ition, deletion, or other amendment hereto <br />shall have any for~e or effect whatsoever unless embodied <br />herein in writing. No subsequent novation, renewal, addition, <br />deletion, or other amendment hereto shall have any force or <br />effect unless emboQied in a written contract executed and <br />approved pursuant to the State fiscal rules. <br /> <br />H. In its sole dtscretion, the State may at any time give any <br />consent, deferment, subordination, release, satisfaction, or <br />termination of any or all of the Borrower's obligations under <br />this agreement, with or without valuable consideration, upon <br />such terms and con~itions as the State may determine to be (a) <br />advisable to furth~r the purposes of this contract or to <br />protect the State'~ financial interest therein, and (b) <br />consistent with both the statutory purposes of this contract <br />and the limitation~ of the statutory authority under which it <br />is made. <br /> <br />Page 5 of 8 Pages <br />