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<br /> DES: dj' 11/07/96 (007/72) <br />parts of the Improvements or work. Should Owner fail to act <br />promptly to make such repair, replacemen"t 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 />l.n 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 />Thirty-nine Thousand Three Hundred and No/100 Dollars <br />($39,300.00) for all expressly conditioned Improvements to secure <br />Owner's compliance with the provisions of Paragraph 8 hereof, for <br />a period of one ( 1) year after final acceptance of the work done <br />under this Agreement. <br /> 8 <br /> - <br />