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<br />enforced. The provisions of this contract may be enforced by <br />the State at its option without regard to prior waivers by it <br />of previous defaults by the Contractor. through jUdicial <br />proceedings to require specific performance of this contract. <br />or by such other proceedings in law or equity as may be deemed <br />necessary by the state to ensure compliance with provisions of <br />this contract and the laws and regulations under which this <br />contract is entered into. <br /> <br />D. The State agrees that it shall: <br /> <br />1. Loan to the Contractor for the construction of the <br />project an amount not to exceed Ninety-Eight Thousand Dollars <br />($98,000). Said Ninety-Eight Thousand Dollars ($98,000) shall <br />be made available to the Contractor in accordance with the <br />following terms and conditions: <br /> <br />8. Beginning with the monthly period commencing <br />~ I iF , <br /> <br />and foe eve month thee fter until said project has <br />been completed. the Contractor shall prepare. with the <br />assistance of the Consultant referred to in paragraph <br />B.l. above. an estimate of the funds required 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 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 State. <br /> <br />c. No payments will be made under this contract <br />unless and until the project plans and specifications <br />referred to in paragraph B.l. above are approved by <br />the State in writing. <br /> <br />d. Project construction costs eligible for payment by <br />the State shall be limited to the cost of: <br /> <br />(1) preparing final designs and specifications <br />for the project. <br /> <br />(2) preparing bid and construction contract <br />documents. <br /> <br />(3) preparing environmental assessment or <br />environmental impact statements. and otherwise <br />complying with the federal National Environmental <br />POlicy Act. <br /> <br />(4) complying with all federal. State. and local <br />regulatory requirements. including the Obtaining <br />of all required permits. <br /> <br />(5) <br />the <br />and <br /> <br />Land and water rights <br />project, including the <br />evaluations. <br /> <br />acquisitions needed for <br />necessary appraisals <br /> <br />(6) Fish and wildlife mitigation measures <br />required by federal. State. or local laws and <br />regulations. <br /> <br />(7) Actual construction as called for in the bid <br />documents and in Change Orders approved by the <br />Consultant. the Contractor. the construction Firm. <br />and the State. <br /> <br />Page ~ of 11 Pages <br />