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<br />without any cost to City, repair or replace or reconstruct any defective or <br /> <br />otherwise unsatisfactory part or parts of the Street Improvements or work. <br /> <br />Should Irvine fail to act promptly to make such repair, replacement, or <br /> <br />reconstruction, or otherwise to act in accordance with this requirement to repair, <br /> <br />replace, or reconstruct, or should the exigencies of the case require that repair, <br /> <br />replacement, or reconstruction be made before Irvine can be notified, City may, <br /> <br />at its option, make the necessary repair, replacement, or reconstruction or <br /> <br />perform the necessary work, and Irvine shall pay to City the actual cost of <br /> <br />thereof plus fifteen (15) percent. <br /> <br />Notwithstanding any provision to the contrary in this agreement, Irvine <br /> <br />shall not be responsible for repair, replacement, or reconstruction of the Street <br /> <br />Improvements necessitated by Acts of God, acts of third parties (other than <br /> <br /> <br />Irvine, its agents, employees, or contractors) beyond Irvine's ability to control, <br /> <br />civil emergencies, natural disasters, or similar acts or events, normal wear and <br /> <br />tear excepted. <br /> <br />9, <br /> <br />Securitv to Insure Guarantee. <br /> <br />Irvine agrees, as a condition <br /> <br />precedent to City's acceptance of the Street Improvements, to furnish and file <br /> <br />with the City Clerk a bond or deposit in the amount of Fifty-three Thousand Nine <br /> <br />Hundred Dollars ($53,900) expressly conditioned to secure Irvine's compliance <br /> <br />with the provisions of Paragraph 8, for a period of one (1) year after final <br /> <br />acceptance by City of the Street Improvements. <br /> <br />G: \shared\Redwood\Council <br />Agmt-142 <br />DES:rg <br />03/09/98;O3/13/98R <br />,04I10/98R; 05/07/98RRR:O6.101/98RRRR <br /> <br />8 <br />