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<br />with this requirement to repair, replace, or reconstruct, or should the exigencies of the <br /> <br />case require that repair, replacement, or reconstruction be made before Owner can be <br /> <br />notified, the City may, at its option, make the necessary repair, replacement, or <br /> <br />reconstruction or perform the necessary work, and Owner shall pay to City the actual <br /> <br />cost of thereof plus fifteen (15) percent. <br /> <br />Notwithstanding any provision to the contrary as set forth in this Agreement, <br /> <br />Owner shall not be responsible for repair, replacement, or reconstruction of any <br /> <br />Improvements, necessitated by Acts of God, acts of third parties (other than Owner, its <br /> <br />agents, employees, or contractors) beyond Owner's ability to control, civil emergencies, <br /> <br />natural disasters, or similar acts or events. <br /> <br />8. Security to Insure Guarantee. Owner agrees, as a condition precedent to <br /> <br />City's acceptance of any of the Improvements which are the subject of this Agreement, <br /> <br />to furnish and file with the City Clerk a bond or deposit in the amount of $81,825.00 for <br /> <br />all expressly conditioned Improvements to secure Owner's compliance with the <br /> <br />provisions of Paragraph 7 hereof, for a period of one (1) year after final acceptance of <br /> <br />the work done under this Agreement. The bond or deposit shall be furnished by Owner <br /> <br />or Owner's contractor, and shall be released upon request of Owner or Owner's <br /> <br />contractor following such one (1) year period unless there then is pending against the <br /> <br />bond a claim that was timely made. <br /> <br />9. Deposit for Plan Check and Inspection. Owner shall deposit with City the <br /> <br />su~ of $28,315.00 ("Deposit"), less all amounts previously paid to City by Owner for <br /> <br />such services, to compensate City for all engineering, inspection, plan check, laboratory <br /> <br />and field testing, construction, and other services furnished by City in connection with <br /> <br />ATTY/AGR/2008.014 <br />030308 <br /> <br />8 <br />