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<br />("Deposit"), less all amounts previously paid to City by owner for such services, <br /> <br />to compensate City for all engineering, inspection, plan check, laboratory and <br /> <br />field testing, construction, and other services furnished by City in connection <br /> <br />with the Improvements. Owner understands that the Deposit is an estimate and <br /> <br />further agrees to pay to City the actual cost of providing such services, in <br /> <br />accordance with the City's current fees. Owner agrees to complete payment of <br /> <br />such additional sum or sums for the services provided by City, if any, within ten <br /> <br />(10) days after billing by City of the additional sum to be paid and agrees that <br /> <br />the amount payable shall be increased by ten (10) percent in the event payment <br /> <br />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 Extensions/lmmunitv from Acts of God. Owner shall not be <br /> <br />in default of any provision of this agreement or subject to any penalty hereunder <br /> <br />where timely performance or timely compliance is prevented by Acts of God, <br /> <br />including natural disasters, <br /> <br />and/or unusually inclement weather, <br /> <br />civil <br /> <br />emergencies, inability to obtain materials (except for such inability occasioned <br /> <br />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, <br /> <br />Owner shall be obligated to perform or comply within a reasonable time after the <br /> <br />event or action which precluded Owner from timely performance no longer <br /> <br />exists. <br /> <br />F :\shared\R edwood\Council <br />Agmt-O86 <br />FXS:djk <br />06/05/97 <br /> <br />8 <br />