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<br /> - DES:d~ ~.20/95 (005/52) <br /> ~~0,:~?P( <br />of a request in wri ·t:ing from City directing the work to be done, <br />without. delay and without any cost to City, repair or replace or <br />reconstruct any defective or otherwise unsatisfactory part or <br />parts of the Improvements or wQ]~k . Should Owner fail to act <br />promptly to make such repair, replacement or reconstruction, or <br />otherwise t:o 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 /> ( 'j <br />replacement, or reconstruction of any Improvements, necessitated i <br /> ( <br />by Acts of God, acts of third parties (other than Owner, their ,'( <br /> ( <br />agents, employees or contractors) beyond Owner's abili t:y to ~., <br /> C <br />control, civil emergencies, natural disasters, or similar acts or <br />events. <br /> 9 . SECURITY 'fO INSURE GUARANTEE. Owner agrees, as a <br />condition precedent to City's acceptance of any of the <br />Improvements which are the subjec·t of this agreement, to furnish <br />and file with the City Clerk a bond or deposit in the amount of <br />NinE:! Thousand Sixty-six and 50/100 Dollars ($9,066.50) for all <br />expressly conditioned Improvements to secure Owner's compliance <br />with the provisions of Paragraph 8 hereo f , for a period of one <br />(1 ) year after final acceptance of the work done under this <br />agreement. <br /> 7 <br /> I _.. -.-.'... <br />