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<br />DES:djk 12/05/97 <br /> <br />(019/72) <br /> <br />said <br /> <br />subdivision. <br /> <br />Owner <br /> <br />understands <br /> <br />that <br /> <br />the <br /> <br />Deposit <br /> <br />is <br /> <br />an <br /> <br />estimate <br /> <br />and <br /> <br />furtheragrees <br /> <br />to pay to City the actual cost of <br /> <br />providing such services, <br /> <br />in accordance with the City's current <br /> <br />fees. <br /> <br />Owner agrees to complete payment of such additional sum or <br /> <br />sums for the services provided by City, if any, within ten <br /> <br />(10 ) <br /> <br />days after billing by City of the additional sum to be paid and <br /> <br />agrees that the amount payable shall be increased by ten percent <br /> <br />(10%) <br /> <br />in the event payment is not made within such ten (10) day <br /> <br />period. <br /> <br />Any part of the Deposit or such additional sum or sums <br /> <br />not utilized by City shall be returned promptly to Owner. <br /> <br />11. <br /> <br />I IvlMUN I TY <br /> <br />FROM ACTS <br /> <br />OF <br /> <br />GOD. <br /> <br />Owner <br /> <br />shall <br /> <br />not <br /> <br />be <br /> <br />in <br /> <br />unusually <br /> <br />inclement <br /> <br />weather, <br /> <br />civil <br /> <br />emergencies, <br /> <br />inability <br /> <br />to <br /> <br /> <br />defaul t of any provision of this Agreement or <br /> <br />subject to any <br /> <br />penalty hereunder where timely performance or timely compliance <br /> <br />is prevented by Acts of God, including natural disasters, and/or <br /> <br />obtain materials <br /> <br />(except <br /> <br />for <br /> <br />such inability occasioned by the <br /> <br />act, <br /> <br />or <br /> <br />failure <br /> <br />to <br /> <br />act, <br /> <br />of <br /> <br />Owner) , <br /> <br />change <br /> <br />in <br /> <br />governmental <br /> <br />regulations, or similar acts which are beyond Owner's reasonable <br /> <br />ability to control; however, Owner shall be obligated to perform <br /> <br />or comply wi thin a reasonable time <br /> <br />after <br /> <br />the event or action <br /> <br />which precluded Owner from timely performance no longer exists. <br /> <br />12. INDEPENDENT CONTRACTOR. It is mutually understood and <br />agreed that neither Owner nor any of Owner's agents or <br />contractors are, or shall be, considered to be agents or <br /> <br />employees of the City of Redwood City <br /> <br />in connection with the <br /> <br />performance of Owner's obligations under this Agreement. <br /> <br />9 <br />