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1 /7 � r � V � V <br /> \Y <br /> or otherwise unsatisfactory part or parts of the Improvements or work. Should Owner <br /> fail to act promptly to make such repair, replacement, or reconstruction, or otherwise to <br /> act in accordance with this requirement to repair, replace, or reconstruct, or should the <br /> exigencies of the case require that repair, replacement, or reconstruction be made <br /> before Owner can be notified, the City may, at its option, make the necessary repair, <br /> replacement, or reconstruction or perform the necessary work, and Owner shall pay to <br /> City the actual cost of thereof plus fifteen (15) percent. <br /> Notwithstanding any provision to the contrary as set forth in this Agreement, <br /> Owner shall not be responsible for repair, replacement, or reconstruction of any <br /> Improvements, necessitated by Acts of God, acts of third parties (other than Owner, its <br /> agents, emptoyees, or contractors) beyond Owner's ability to control, civil emergencies, <br /> natural disasters, or similar acts or events. <br /> 8. Securitv to Insure Guarantee. Owner agrees, as a condition precedent to <br /> City's acceptance of any of the Improvements which are the subject of this Agreement, <br /> to furnish and file with the City Clerk a bond or deposit in the amount of Sixteen <br /> Thousand Seven Hundred Eleven and No/100 Dollars ($16,711.00) for all expressly <br /> conditioned Improvements to secure Owner's compliance with the provisions of <br /> Paragraph 7 hereof, for a period of one (1) year after final acceptance of the work done <br /> under this Agreement. The bond or deposit shall be furnished by Owner. <br /> 9. Deposit for Plan Check and Insaection. Owner shall deposit with City the <br /> sum of Twelve Thousand Fifty Five and No/100 Dollars ($12,055.00) ("DeposiY'), less <br /> all amounts previously paid to City by Owner for such services, to compensate City for <br /> all engineering, inspection, plan check, laboratory and field testing, construction, and <br /> other services furnished by City in connection with the Improvements. Owner <br /> Atty/Agr/2005.007 7 <br /> 030105 <br />