_GENERAL DOCUMENTS - C1981017 (133)

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R & G Contract The contract with R. & G., signed July 17, 1993, provides, in part: CONTRACTOR agrees to seal the portals...in accordance with federal and state laws and regulations and in accordance with the sealing plan ...and in accordance with the sealing permit issued by MSHA ... for the total sum of NINETY-NINE THOUSAND FIVE HUNDRED DOLLARS($99,500.00), subject to the following terms and conditions. I. Time of Performance. Preparation shall begin immediately including employee training, assembly of materials and supplies, obtaining of any necessary special equipment, and other general mobilization. Work shall commence on or about August 16, 1993 and shall proceed continuously on regular work days until completed, subject to interruption by acts or forces beyond the reasonable control of CONTRACTOR, including but not limited to weather conditions, directives of federal or state agencies] suspension by MCR, strikes or labor disputes. 3. Payment shall be made as follows. (a) An advance-payment of S1X-THOUSANO DOLLARS($&00o) shall be made upon execudon`of this Contract, to be used by CONTRACTOR for the purchase of special equpment, materials and supplies, and for mobilization. (b) As portals are sealed, CONTRACTOR shall notify MCR, and shall arrange for MSHA inspection. CONTRACTOR shall submit bill to MCR on alternate Fridays for seals completed and approved during the preceding two weeks, which bill shall be paid by the following Friday.... 6. MCR has obtained bankruptcy funding approval for expenditure of$50,000 toward reclamation sealing, and will promptly proceed with application to the Bankruptcy Court for approval of funding for the additional amount required to complete the Contract. However, MCR reserves the right to suspend work on the contract if such approval is not obtained at the time the $50,000 of the work under the Contract is performed.