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<br />Owner understands that the Deposit is an estimate and further agrees to pay to City the actual <br /> <br />cost of providing such services, in accordance with the City's current fees. Owner agrees to <br />complete payment of such additional sum or sums for the services provided by City, if any, <br /> <br />within ten 10) days after billing by City of the additional sum to be paid and agrees that the <br /> <br />amount payable shall be increased by ten percent (10%) in the event payment is not made <br /> <br />within such ten (10) day period. Any part of the Deposit or such additional sum or sums not <br /> <br />utilized by City shall be returned promptly to Owner. <br /> <br />11. <br /> <br />IMMUNITY FROM ACTS OF GOD. Owner shall not be in default of any <br /> <br />provision of this Agreement or subject to any penalty hereunder where timely performance or <br /> <br />timely compliance is prevented by Acts of God, including natural disasters, and/or unusually <br /> <br />inclement weather, civil emergencies, inability to obtain materials (except for such inability <br /> <br />occasioned by the act, or failure to act, of Owner), change in governmental regulations, or <br /> <br />similar acts which are beyond Owner's reasonable ability to control; however, Owner shall be <br /> <br />obligated to perform or comply within a reasonable time after the event or action which <br /> <br />precluded Owner from timely performance no longer exists. <br /> <br />12. <br /> <br />INDEPENDENT CONTRACTORS. It is mutually understood and agreed that <br /> <br />neither 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 />13. <br /> <br />ASSIGNABILITY. <br /> <br />Owner may assign this Agreement subject to City's <br /> <br />approval, which shall not be unreasonably withheld. <br /> <br />-7- <br /> <br />Agreement - Valota Estates <br />1117197 <br />