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<br /> DES: dj' 11/07/96 (007/72) <br /> 10. DEPOSIT FOR PLAN CHECK AND INSPECTION. Owner shall <br />deposit with City the sum of Twenty-two Thousand One Hundred <br />Ninety-two and No/IOO Dollar.s ($22,192.00) ("Deposit") , less all <br />amounts previously paid City by Owner for such services, to <br />compensate City for all engineering, inspection, plan check, <br />laborat!ory and field testing, construction, and other services <br />furnished by City in connection with the Improvements for the <br />said subdivision. Owner understands that the Deposit is an <br />estimate and further agrees to pay to City the actual cost of <br />providing such services, in accordance with the City's current <br />fees. Owner agrees to complete payment of such additional sum or <br />sums for the services pr¡ovided by City, if any, within ten (10) <br /> ! <br />days after billing by Ci~y of the additional sum to be paid and <br />agrees that the amount payable shall be increased by ten percent <br />(10%) in the event payment is not made within such ten (lO ) day <br />period. Any part of the Deposit or such additional sum or sums <br />not utilized by City shall be returned promptly to Owner. <br /> II. IMMUNITY FROM ACTS OF GOD. Owner shall not be in <br />default of any provision of this Agreement or subject to any <br />penalty hereunder where timely performance or timely compliance <br />is prevented by Acts of God, including natural disasters, and/or <br />unusually inclement weather, civil emergencies, inability to <br />obtain materials (except for such inability occasioned by the <br />act, or failure to act, of Owner) , change in governmental <br />regulations, or similar acts which are beyond Owner's reasonable <br />ability to control; however, Owner shall be obligated to perform <br /> 9 <br /> - <br />