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<br />62;];') <br /> <br />'--"'~~') <br />,. "... <br />/' ", . <br />, , <br /> <br />through judicial proceedings to require specific performance of this contract, or by such <br />other proceedings in law or equity as may be deemed necessary by the State to ensure <br />compliance with provisions of this contract and the laws and regulations under which <br />this contract is entered into. <br /> <br />D. <br /> <br />The State agrees that it shall: <br /> <br />.; (. <br /> <br />1. Loan to the Contractor for the construction of the project an amount not <br />to exceed Six Hundred Ninety Thousand Four Hundred Twenty-Two Dollars and FiftY <br />Cents ($690,422.50). Said Six Hundred Ninety Thousand Four Hundred Twenty-Two <br />Dollars and Fifty Cents ($690,422.50) shall be made available to the Contractor in <br />accordance with the following terms and conditions: <br /> <br />a. Co=encing ten (10) days from the date of this contract and for <br />every month thereafter until said project has been completed, the <br />Contractor shall prepare, with the assistance of the Consultant referred to <br />in paragraph 1. above, an estimate of the funds required for project <br />construction during that month and shall forward s;pd estimate to the <br />State not less than fifteen (15) days prior to the beginning of such month. <br /> <br />b. Upon receipt and approval by the State of such monthly estimate, <br />the State will, within forty (40) days from the approval of such estimate, <br />pay over to the Contractor the amount of the monthly estimate or such <br />portion thereof as has been approved by the State.' <br /> <br />c. Project construction costs eligible for payment by the State shall be <br />limited to the cost of: <br /> <br />(1) Preparing final designs and specifiCations for the project. <br /> <br />(2) Preparing bid and construction contract documents. <br /> <br />(3) Preparing environmental assessment or environmental <br />impact statements, and otherwise complying with the Federal <br />National Environmental Policy Act. <br /> <br />(4) Complying with all Federal, State, and local regulatory <br />requirements, including the obtaining of all required permits. <br /> <br />(5) Land and water rights acquisitions needed for the project, <br />including the necessary appraisals and evaluations. <br /> <br />(6) Fish and wildlife mitigation measures required by Federal, <br />State, or local laws and regulations. <br /> <br />Page 1 of 12 Pages <br />