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<br />actual or "as-built" condition and location. Partial release of any security required herein may <br /> <br />be granted, at the discretion of City, in accordance with the provisions of Section 66499.7 of <br /> <br />the Government Code. <br /> <br />8. <br /> <br />GUARANTEE OF WORKMANSHIP AND MATERIALS. <br /> <br />Owner agrees that if, <br /> <br />within a period of one (1) year after final acceptance of any work done under this Agreement, <br /> <br />the improvements furnished and/or installed or constructed or caused to be constructed by <br /> <br />Owner, or any of the work done under this Agreement, fails to fulfill any of the requirements of <br /> <br />this Agreement, or the plans and specifications referenced herein, Owner shall upon receipt of <br /> <br />a request in writing from City directing the work to be done, without delay and without any cost <br /> <br />to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts <br /> <br />of the Improvements or work. <br /> <br />Should Owner fail to act promptly to make such repair, <br /> <br />replacement or reconstruction, or otherwise to act in accordance with this requirement to <br /> <br />repair, replace or reconstruct, or should the exigencies of the case require that repair, <br /> <br /> <br />replacement or reconstruction be made before Owner can be notified, the City may, at its <br /> <br />option, make the necessary repair, replacement or reconstruction or perform the necessary <br /> <br />work and Owner shall pay the City the actual cost of thereof plus fifteen percent (15%). <br /> <br />Notwithstanding any provisions to the contrary as set forth in this Agreement, Owner <br /> <br />shall not be responsible for repair, replacement, or reconstruction of any Improvements, <br /> <br />necessitated by Acts of God, acts of third parties (other than Owner, its agents, employees or <br /> <br />contractors) beyond Owner's ability to control, civil emergencies, natural disasters, or similar <br /> <br />acts or events. <br /> <br />9. <br /> <br />SECURITY TO INSURE GUARANTEE. <br /> <br />Owner agrees, as a condition <br /> <br />precedent to City's acceptance of any of the Improvements which are the subject of this <br /> <br />Agreement, to furnish and file with the City Clerk a bond or deposit in the amount of One <br /> <br />-6- <br /> <br />Agmt-196 <br />DES:djk <br />F:/S hared/R edwood/Counci II Agmt <br />09/02198 <br />