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<br />for a period of one (1) year after final acceptance of the work done under this <br /> <br />Agreement. The bond or deposit may be furnished by Owner or its contractor. <br /> <br />9. Deposit for Plan Check and Inspection. Owner shall deposit with City the <br /> <br />sum of One Hundred Twenty Thousand and No/100 Dollars ($120,000.00) ("Deposit"), <br /> <br />less all amounts previously paid to City by owner for such services, to compensate City <br /> <br />for all engineering, inspection, plan check, laboratory and field testing, construction, and <br /> <br />other services furnished by City in connection with the Improvements. <br /> <br />Owner <br /> <br />understands that the Deposit is an estimate and further agrees to pay to City the actual <br /> <br />cost of providing such services, in accordance with the City's current fees. Owner <br /> <br />agrees to complete payment of such additional sum or sums for the services provided <br /> <br />by City, if any, within ten (10) days after billing by City of the additional sum to be paid <br /> <br />and agrees that the amount payable shall be increased by ten (10) percent in the event <br /> <br />payment is not made within such ten (10) day period. Any part of the Deposit or such <br /> <br />additional sum or sums not utilized by City shall be returned promptly to Owner. <br /> <br />10. Time Extensions/Immunity from Acts of God. Owner shall not be in <br /> <br />default of any provision of this Agreement or subject to any penalty hereunder where <br /> <br />timely performance or timely compliance is prevented by Acts of God, including natural <br /> <br />disasters, and/or unusually inclement weather, civil emergencies, inability to obtain <br /> <br />materials (except for such inability occasioned by the act, or failure to act, of Owner), <br /> <br />change in governmental regulations, or similar acts which are beyond Owner's <br /> <br />reasonable ability to control; however, Owner shall be obligated to perform or comply <br /> <br />within a reasonable time after the event or action which precluded Owner from timely <br /> <br />performance no longer exists. <br /> <br />7 <br /> <br />SH/RWC/Council <br />Agmt-361 <br />06/05/00 <br />06/09/00R <br />FXS/fs <br />