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<br />'" <br /> <br />B. Upon default in the payments herein set forth to be made by <br />the Contractor, or in the performance of any covenant or <br />agreement contained herein, the State, at its option, may (a) <br />declare the entire principal amount then outstanding immediately <br />due and payable; (b) for the account of the Contractor incur and <br />pay reasonable expenses for repair, maintenance, and operation of <br />the system herein described and such expenses as may be necessary <br />to cure the cause of default; and/or (c) take possession of the <br />system, repair, maintain, and operate or lease it. The <br />provisions of this contract may be enforced by the State at its <br />option without regard to prior waivers by it of previous defau'lt-s <br />by the Contractor, through judicial proceedings to require <br />specific performance of this contract or by such other <br />proceedings in law or equity as may be deemed necessary by the <br />State to insure compliance with provisions of this contract and <br />the laws and regulations under 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 this <br />contract not to exceed the sum of Seven Million Five Hundred <br />Thousand Dollars ($7,500,000). Said Seven Million Five Hundred 'i <br />Thousand Dollars ($7,500,000) shall be made available to the <br />Contractor in accordance with the following terms and conditions: <br /> <br />a. Beginninq with the monthly period commencing <br />April 15, 1982, and for every month thereafter until <br />said project has been completed, the Contractor shall <br />prepare with the assistance of the consulting engineer <br />referred to in paragraph A.1. above an estimate of the <br />funds required from the State for project construction <br />during that month and shall forward said estimate to <br />the State not less than fifteen (15) days prior to the <br />beginninq 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 <br />State. <br /> <br />c. No payments will be made under this contract until <br />the project plans and specifications referred to in <br />paragraph A.I. above are 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 <br />with 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 />employer-independent contractor. No agent, employee, or servant <br />of the contractor shall be or shall be deemed to be an employee, <br />agent, or servant of the State. The Contractor will be solely <br />and entirely responsible for its acts and the acts of its ~gcntst <br />employees, servants, and Sub-contractors during the performance <br />of this contract. <br /> <br />F. At all times during the performance of this contract, the <br />Contractor shall strictly adhere tQ all applicable federal and <br />state laws that have been or may hereafter be established. <br /> <br />Page 5 of fl Paqes <br />