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<br /> DES:djk 06/04/96 (013/70) <br /> parts of the Improvements or work. Should Owner fail to act <br /> promptly to make such repair, replacement or reconstruction, or <br /> otherwise to act in accordance with this requirement to repair, <br /> replace or reconstruct, or should the exigencies of the case <br /> require that repair, replacement or reconstruction be made before <br /> Owner can be notified, the City may, at its option, make the <br /> necessary repair, replacement or reconstruction or perform the <br /> necessary work and Owner shall pay to City the actual cost of <br /> thereof plus fifteen percent (15%) . <br /> Notwithstanding any provision to the contrary as set forth <br /> in this Agreement, Owner shall not be responsible for repair, <br /> replacement, or reconstruction of any Improvements, necessitated <br /> by Acts of God, acts of third parties (other than OWner, its <br /> agents, employees or contractors) beyond Owner's ability to <br /> control, civil emergencies, natural disasters, or similar acts or <br /> events. <br /> 9. SECURITY TO INSURE GUARANTEE. Owner agrees, as a <br /> condition precedent to City's acceptance of any of the <br /> Improvements which are the subject of this Agreement, to furnish <br /> and file with the City Clerk a bond or deposit in the amount of <br /> Two Hundred Fifty-three Thousand and No/100 Dollars ($253,000.00) <br /> for all expressly conditioned Improvements to secure Owner's <br /> compliance with the provisions of Paragraph 8 hereof, for a <br /> period of one (1) year after final acceptance of the work done <br /> under this Agreement. <br /> 8 <br /> r' <br />