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Owner shall furnish City with a complete set of plans and drawings showing the <br />Improvements in their actual or "as built' condition and location. <br />7. Guarantee of Workmanship and Materials. Owner agrees that if, <br />within a period of one (1) year after final acceptance of any work done under this <br />agreement, the improvements furnished and/or installed or constructed or <br />caused to be constructed by Owner, or any of the work done under this <br />agreement, fails to fulfill any of the requirements of this agreement, or the plans <br />and specifications referenced herein, Owner shall upon receipt of a request in <br />writing from City directing the work to be done, without delay and without any <br />cost to City, repair or replace or reconstruct any defective or otherwise <br />unsatisfactory part or parts of the Improvements or work. Should Owner fail to <br />act promptly to make such repair, replacement, or reconstruction, or otherwise to <br />act in accordance with this requirement to repair, replace, or reconstruct, or <br />should the exigencies of the case require that repair, replacement, or <br />reconstruction be made before Owner can be notified, the City may, at its option, <br />make the necessary repair, replacement, or reconstruction or perform the <br />necessary work, and Owner shall pay to City the actual cost of thereof plus <br />fifteen (15) percent. <br />Notwithstanding any provision to the contrary as set forth in this <br />agreement, Owner shall not be responsible for repair, replacement, or <br />reconstruction of any Improvements, necessitated by Acts of God, acts of third <br />parties (other than Owner, its agents, employees, or contractors) beyond <br />F:\shared\Redwood\Council 6 <br />Agmt-107 <br />FXS:rg <br />08/20/97 <br />