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by City, if any, within ten (10) days after billing by City of the additional sum to be paid <br />and agrees that the amount payable shall be increased by ten (10) percent in the event <br />payment is not made within such ten (10) day period. Any part of the Deposit or such <br />additional sum or sums not utilized by City shall be returned promptly to Owner. <br /> <br /> 10. Time Extensions/Immunity from Acts of God. Owner shall not be in <br />default of any provision of this Agreement or subject to any penalty hereunder where <br />timely performance or timely compliance is prevented by Acts of God, including natural <br />disasters, and/or unusually inclement weather, civil emergencies, inability to obtain <br />materials (except for such inability occasioned by the act, or failure to act, of Owner), <br />change in governmental regulations, or similar acts which are beyond Owner's <br />reasonable ability to control; however, Owner shall be obligated to perform or comply <br />within a reasonable time after the event or action which precluded Owner from timely <br />performance no longer exists. <br /> <br /> 11. Independent Contractor. It is mutually understood and agreed that neither <br />Owner nor any of Owner's agents or contractors are, or shall be, considered to be <br />agents or employees of the City of Redwood City in connection with the performance of <br />Owner's obligations under this Agreement. <br /> <br /> 12. Assignability. This Agreement shall inure to and be binding on the <br />successors, assigns, and heirs of the parties hereto. Owner may assign this <br />Agreement subject to City's approval, which shall not be unreasonably withheld. <br /> <br />Agmt-452 8 <br />F:\sh\sh~Redwood\Cou ncil <br />FXS:djk <br />02/26/01 <br /> <br /> <br />