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<br />Paragraph 8 hereof, for a period of one (1) year after final acceptance of the work done <br /> <br />under this Agreement. <br /> <br />10. DEPOSIT FOR PLAN CHECK AND INSPECTION. Owner shall deposit <br /> <br />with City the sum of Fifteen Thousand Twenty-five and No/100 Dollars ($15,025.00) <br /> <br />("Deposit"), less all amounts previously paid City by Owner for such services, to <br /> <br />compensate City for all engineering, inspection, plan check, laboratory and field testing, <br /> <br />construction, and other services furnished by City in connection with the Improvements <br /> <br />for the said subdivision. Owner understands that the Deposit is an estimate and further <br /> <br />agrees to pay to City the actual cost of providing such services, in accordance with the <br /> <br />City's current fees. Owner agrees to complete payment of such additional sum or sums <br /> <br />for the services provided by City, if any, within ten (10) days after billing by City of the <br /> <br />additional sum to be paid and agrees that the amount payable shall be increased by ten <br /> <br />percent (10%) in the event payment is not made within such ten (10) day period. Any <br /> <br />part of the Deposit or such additional sum or sums not utilized by City shall be returned <br /> <br />promptly to Owner. <br /> <br />11. IMMUNITY FROM ACTS OF GOD. Owner shall not be in default of any <br /> <br />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 />ATTY/AGR/2008.001 <br />1/7/08 <br /> <br />8 <br />