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<br />(Page to of 12) <br /> <br />.. <br /> <br />e <br /> <br />e <br /> <br />10. DEPOSIT FOR PLAN CHECK AND INSPECTION. Owner shall deposit <br /> <br />with City the sum of Twenty Five Thousand Three Hundred Fifty and No/100 Dollars <br /> <br />($25,350.00) ("Deposit") to compensate City for all engineering, inspection, plan check, <br /> <br />laboratory and field testing, construction, and other services furnished by City in <br /> <br />connection with the Improvements for the said subdivision. Owner understands that <br /> <br />the Deposit is an estimate and further agrees to pay to City the actual cost of providing <br /> <br />such services, in accordance with the City's current fees. Owner agrees to complete <br /> <br />payment of such additional sum or sums for the services provided by City, if any, within <br /> <br />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 <br /> <br />made within such ten (10) day period. Any part of the Deposit or such additional sum <br /> <br />or sums not utilized by City shall be returned promptly to Owner. <br /> <br />11. IMMUNITY FROM ACTS OF GOD. <br /> <br />Owner shall not be in default of <br /> <br />any provision of this Agreement or subject to any penalty hereunder where timely <br /> <br />performance or timely compliance is prevented by Acts of God, including natural <br /> <br />disasters, and/or unusually inclement weather, civil emergencies, inability to obtain <br /> <br />materials (except for such inability occasioned by the act, or failure to act, of Owner), <br /> <br />change in governmental regulations, or similar acts which are beyond Owner's <br /> <br />reasonable ability to control; however, Owner shall be obligated to perform or comply <br /> <br />within a reasonable time after the event or action which precluded Owner from timely <br /> <br />performance no longer exists. <br /> <br />12. INDEPENDENT CONTRACTORS. <br /> <br />It is mutually understood and <br /> <br />agreed that neither Owner nor any of Owner's agents or contractors are, or shall be, <br /> <br />Atty/Agr12005.028 <br />062805 <br /> <br />9 <br />