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DES : dj ' ) 6 / 05 / 96 ( 014 / 70 ) <br /> FXS : djk 06 / 12 / 96R <br /> FXS : djk 06 / 14 / 96R <br /> sums for the services provided by City , if any , within ten ( 10 ) <br /> days after billing by City of the additional sum to be paid and <br /> agrees that the amount payable shall be increased by ten percent <br /> ( 10 % ) in the event payment is not made within such ten ( 10 ) day <br /> period . Any part of the Deposit or such additional sum or sums <br /> not utilized by City shall be returned promptly to Owner . <br /> 11 . TIME EXTENSIONS / IMMUNITY FROM ACTS OF GOD . Owner shall <br /> not be in default of any provision of this agreement or subject <br /> to any penalty hereunder where timely performance or timely <br /> Co <br /> compliance is prevented by Acts of God , including natural <br /> Cp <br /> disasters , and/ or unusually inclement weather , civil emergencies , <br /> Co <br /> inability to obtain materials ( except for such inability '` <br /> rn <br /> occasioned by the act , or failure to act , of Owner ) , change in Co <br /> governmental regulations , or similar acts which are beyond <br /> Owner ' s reasonable ability to control ; however , Owner shall be <br /> obligated to perform or comply within a reasonable time after the <br /> event or action which precluded Owner from timely performance no <br /> longer exists . <br /> Owner shall not be required to complete the landscape <br /> improvements at the southern end of the Lido Neighborhood Unit <br /> No . 1 along the G- 2 Channel , as shown in the Plans for <br /> Improvement of Lido Neighborhood Unit No . 1 , until one ( 1 ) year <br /> after completion of the rock slope improvements in and along said <br /> channel . <br /> 12 . INDEPENDENT CONTRACTOR . It is mutually understood and <br /> agreed that neither Owner nor any of Owner ' s agents or <br /> contractors are , or shall be , considered to be agents or <br /> 11 <br />