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<br />services, in accordance with the City's current fees. Owner agrees to complete payment of <br /> <br />such additional sum or sums for the services provided by City, if any, within ten (10) days after <br /> <br />billing by City of the additional sum to be paid and agrees that the amount payable shall be <br /> <br />increased by ten (10) percent in the event payment is not made within such ten (10) day period. <br /> <br />Any part of the Deposit or such additional sum or sums not utilized by City shall be returned <br /> <br />promptly to Owner. <br /> <br />10. Time Extensions/Immunity from Acts of God. Owner shall not be in default of <br /> <br />any provision of this Agreement or subject to any penalty hereunder where timely performance <br /> <br />or timely compliance is prevented by Acts of God, including natural disasters, and/or unusually <br /> <br />inclement weather, civil emergencies, inability to obtain materials (except for such inability <br /> <br />occasioned by the act, or failure to act, of Owner), change in governmental regulations, or <br /> <br />similar acts which are beyond Owner's reasonable ability to control; however, Owner shall be <br /> <br />obligated to perform or comply within a reasonable time after the event or action which <br /> <br />precluded Owner from timely performance no longer exists. <br /> <br />11. Independent Contractor. It is mutually understood and agreed that neither Owner <br /> <br />nor any of Owner's agents or contractors are, or shall be, considered to be agents or <br /> <br />employees of the City of Redwood City in connection with the performance of Owner's <br /> <br />obligations under this Agreement. <br /> <br />12. Assianability. This Agreement shall inure to and be binding on the successors, <br /> <br />assigns, and heirs of the parties hereto. Owner may assign this Agreement subject <br /> <br />to City's approval, which shall not be unreasonably withheld. <br /> <br />Agmt-447 <br />F:lshlsh\Redwood\Council <br />FXS:djk <br />02/13/01 <br /> <br />7 <br />