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�1.3-F�y <br /> less all amounts previously paid to City by Owner for such services, to compensate City <br /> for all engineering, inspection, plan check, laboratory and field testing, construction, and <br /> other services furnished by City in connection with the Improvements. Owner <br /> understands that the Deposit is an estimate and further agrees to pay to City the actual <br /> cost of providing such services, in accordance with the City's current fees. Owner <br /> agrees to complete payment of such additional sum or sums for the services provided <br /> by City, if any, within ten (10) days after billing by City of the additional sum to be paid <br /> and agrees that the amount payable shall be increased by ten (10) percent in the event <br /> payment is not made within such ten (10) day period. Any part of the Deposit or such <br /> additional sum or sums not utilized by City shall be returned promptly to Owner. <br /> 10. Time Extensions/Immunity from Acts of God. Owner shall not be in <br /> default of any provision of this Agreement or subject to any penalty hereunder where <br /> timely performance or timely compliance is prevented by Acts of God, including natural <br /> disasters, and/or unusually inclement weather, civil emergencies, inability to obtain <br /> materials (except for such inability occasioned by the act, or failure to act, of Owner), <br /> change in governmental regulations, or similar acts which are beyond Owner's <br /> reasonable ability to control; however, Owner shall be obligated to perform or comply <br /> within a reasonable time after the event or action which precluded Owner from timely <br /> performance no longer exists. <br /> 11. Independent Contractor. It is mutually understood and agreed that neither <br /> Owner nor any of Owner's agents or contractors are, or shall be, considered to be <br /> Agmt-406 $ <br /> F:\sh\sh\Redwood\Cou nci I <br /> FXS:rg <br /> 10/03/00 <br /> .. _._ _. <br />