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<br /> ("Deposit"), less all amounts previously paid to City by owner for such services, <br /> to compensate City for all engineering, inspection, plan check, laboratory and <br /> field testing, construction, and other services furnished by City in connection with <br /> the Improvements. Owner understands that the Deposit is an estimate and <br /> further agrees to pay to City the actual cost of providing such services, in <br /> accordance with the City's current fees. Owner agrees to complete payment of <br /> such additional sum or sums for the services provided by City, if any, within ten <br /> (10) days after billing by City of the additional sum to be paid and agrees that the <br /> amount payable shall be increased by ten (10) percent in the event payment is <br /> 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 /> 10. Time Extensions/lmmunitv from Acts of God. Owner shall not be <br /> in default of any provision of this agreement or subject to any penalty hereunder <br /> where timely performance or timely compliance is prevented by Acts of God, <br /> including natural disasters, and/or unusually inclement weather, civil <br /> emergencies, inability to obtain materials (except for such inability occasioned by <br /> the act, or failure to act, of Owner), change in governmental regulations, or <br /> similar acts which are beyond Owner's reasonable ability to control; however, <br /> Owner shall be obligated to perform or comply within a reasonable time after the <br /> event or action which precluded Owner from timely performance no longer <br /> exists. <br /> G :\shared\Redwood\Council 8 <br /> Agmt-030 <br /> FXS:rg <br /> 09/09/96 <br /> ,,-",- <br />