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<br />shall be increased by ten percent (10%) in the event payment is not made within such <br /> <br />ten (10) day period. Any part of the Deposit or such additional sum or sums not utilized <br /> <br />by City shall be returned promptly to Owner. <br /> <br />11. <br /> <br />IMMUNITY FROM ACTS OF GOD. <br /> <br />Owner shall not be in default of <br /> <br />any provision of this Agreement or subject to any penalty hereunder where timely <br /> <br />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 />12. <br /> <br />INDEPENDENT CONTRACTORS. <br /> <br />It is mutually understood and <br /> <br />agreed that neither Owner nor any of Owner's agents or contractors are, or shall be, <br /> <br />considered to be agents or employees of the City of Redwood City in connection with <br /> <br />the performance of owner's obligations under this Agreement. <br /> <br />13. <br /> <br />ASSIGNABILITY. Owner may assign this Agreement subject to City's <br /> <br />approval, which shall not be unreasonably withheld. <br /> <br />/II <br /> <br />/II <br /> <br />/II <br /> <br />/II <br /> <br />Atty/Agr/2005.028 <br />062805 <br /> <br />9 <br /> <br />.T lr~ <br />