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�1.3 - F t 2 <br /> ("Deposit"), less all amounts previously paid to City by Owner for such services, to <br /> compensate City for all engineering, inspection, plan check, laboratory and field testing, <br /> construction, and other services furnished by City in connection with the Improvements. <br /> Owner understands that the Deposit is an estimate and further agrees to pay to City the <br /> actual cost of providing such services, in accordance with the City's current fees. <br /> Owner agrees to complete payment of such additional sum or sums for the services <br /> provided by City, if any, within ten (10) days after billing by City of the additional sum to <br /> be paid and agrees that the amount payable shall be increased by ten (10) percent in <br /> the event payment is not made within such ten (10) day period. Any part of the Deposit <br /> or such 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-407 $ <br /> F:�.sh\sh\Redwood\Council <br /> FXS:rg <br /> 10/03/00 <br /> . _ _ <br />