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a.) At least 9G;b' of partial-bills marlted "Progressive Bill No. 1, <br /> No. 2, etc.", or "First, second, etc.", signed by an officer <br /> of the' Company, rendered in septuplet. Partial bills shall <br /> • be based on actual costs that can be substantiated by checking <br /> the Company's records but do not need to be in detail: or, <br /> b.) At Least 75o of partial bills marked and signed, as required <br /> above, based on the Company Engineer's estimate of the per- <br /> centage of completion of the various cost reimbursable items, <br /> as shown on the detailed estimate, which is attached to and <br /> made a part of this agreement,. subject to the State Engineer's <br /> concurrence and approval of said completion percentage. In <br /> no event will a combination of partial billing based on actual <br /> cost, and Engineer's estimates, be reimbursable. <br /> c.) At least 909/ of final bill marked "Final', signed by an officer <br /> of the Company, rendered in septuplet, in accordance with Federal- <br /> Aid Highway Program rlanual Volume 1, Chapter 4, Section 3. Said <br /> final bill shall be a complete, detailed and itemized statement <br /> of all items of work performed by the Company, as shown in the <br /> appropriate exhibit or exhibits attached to this agreement. <br /> d.) Final payment will be made after audit of the final bill. <br /> The Company shall keep account of its work in such a way <br /> that said accounts may be readily audited. In the event <br /> that any amount previously paid to the Company is in excess <br /> of the actual coat. determined by audit, the Company, upon <br /> notice of the. State, shall. pay -to. the. State the difference. <br /> • I <br /> 10. In the event that the State does not enter into a contract for <br /> construction of the project contemplated by this agreement on or before a day <br /> twelve (12) months after the date this agreement is fully executed, then either <br /> party may, at any time thereafter., serve notice of cancellation upon the other <br /> party, by registered mail, and- this agreement shall immediately be cancelled <br /> and terminated; provided, however, that the Company shall be reimbursed in full <br /> by the State for all reimbursable costs incurred after this agreement is fully _ <br /> executed and prior to said cancellation. <br /> 11. The reimbursable maintenance costs shall. not extend to the repair <br /> of any damage to the bridge structure resulting from the -operations of the <br /> Company for which the Company has any common law or statutory liability. The <br /> reimbursable maintenance costs shall be limited to the actual cost of labor <br /> and materials used and to rental value of equipment used. The actual cost of <br /> labor and materials and the rental value of equipment referred to shall be <br /> ascertained in accordance with the provisions o£ -the Federal-Aid Highway Pro- <br /> gram Manual, Volume 1, Chapter 4, Section 3. Except as hereinafter provided <br /> in the case of emergency repairs, reimbursement shall be made only if the <br /> Company has submitted its pro-posed repairs to the State, including any estimate <br /> of cost of such repairs, and approval has been received from the State in <br /> writing in advance of starting work by the Company. If the Company is unable <br /> to obtain the State's approval of the proposed repairs, it may request and <br /> require the State to let a contract -for the necessary work. In the event of <br /> an emergency requiring immodiate repairs to said, bridge structure in order to <br /> LX 11BI`.[' "A„ - Pale 9-1-80 <br />