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<br />of the work and Impro' <br /> <br />lents generally described in this Agr <br /> <br />"lent. Said plans and <br /> <br />specifications referenced in this paragraph are hereby incorporated herein and made a <br /> <br />part of this Agreement Upon completion of the aforementioned work, and prior to the <br />release of any security required herein, Owner shall furnish City with a complete set of <br /> <br />plans and drawings showing the Improvements in their actual or "as built" condition and <br /> <br />location. <br /> <br />7. Guarantee of Workmanship and Materials. Owner agrees that if, within a <br /> <br />period of one (1) year after final acceptance of any work done under this Agreement, the <br /> <br />improvements furnished and/or installed or constructed or caused to be constructed by <br /> <br />Owner, or any of the work done under this Agreement, fails to fulfill any of the <br />requirements of this Agreement, or the plans and specifications referenced herein, <br /> <br />Owner shall, upon receipt of a request in writing from City directing the work to be done, <br /> <br />without delay and without any cost to City, repair or replace or reconstruct any defective <br /> <br />or otherwise unsatisfactory part or parts of the Improvements or work. Should Owner fail <br /> <br />to act promptly to make such repair, replacement, or reconstruction, or otherwise to act <br /> <br />in accordance with this requirement to repair, replace, or reconstruct, or should the <br /> <br />exigencies of the case require that repair, replacement, or reconstruction be made <br /> <br />before Owner can be notified, the City may, at its option, make the necessary repair, <br /> <br />replacement, or reconstruction or perform the necessary work, and Owner shall pay to <br /> <br />City the actual cost of thereof plus fifteen (15) percent. <br /> <br />Notwithstanding any provision to the contrary as set forth in this Agreement, <br /> <br />Owner shall not be responsible for repair, replacement, or reconstruction of any <br /> <br />Improvements, necessitated by Acts of God, acts of third parties (other than Owner, its <br /> <br />agents, employees, or contractors) beyond Owner's ability to control, civil emergencies, <br /> <br />natural disasters, or similar acts or events. <br /> <br />Agrmt-402 <br />F :\shared\R edwood\Counci I <br />FXS:djk <br />09/15/00 <br />09/28/00R <br /> <br />5 <br />