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<br />City, if any, within ten (10) days after billing by City of the additional sum to be paid and <br /> <br />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 Extensionsllmmunitv 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 />11. Independent Contractor. It is mutually understood and agreed that neither <br /> <br />Owner nor any of Owner's agents or contractors are, or shall be, considered to be <br /> <br />agents or employees of the City of Redwood City in connection with the performance of <br /> <br />Owner's obligations under this Agreement. <br /> <br />12. <br /> <br />Assianabilitv. This Agreement shall inure to and be binding on the <br /> <br />successors, assigns, and heirs of the parties hereto. Owner may assign this Agreement <br /> <br />subject to City's approval, which shall not be unreasonably withheld. <br /> <br />13. <br /> <br />MELLO ROeS Financina. City acknowledges that the real property and <br /> <br />facilities to be conveyed to City and all other public facilities to be constructed (as set <br /> <br />forth in the Bond documents) are to be acquired by the City of Redwood City Community <br /> <br />Facilities District 2000-1 (the "District') for the benefit of the City, and nothing contained <br /> <br />in this Agreement shall preclude payment or reimbursement to Owner for the cost of <br /> <br />Agmt-415 <br />F :/SharedlR edwoodlCounci I <br />FXS:djk <br />10/24/00 <br /> <br />7 <br /> <br />""""--"-'. <br />