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<br />the Improvements. 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 thirty (30) 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 />(10) percent in the event payment is not made within such thirty (30) 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 />10. Time Extensions/lmmunitv from Acts of God. Owner shall not be in <br /> <br />default of any provision of this Agreement or subject to any penalty hereunder where <br /> <br />timely 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 />11. Independent Contractor. It is mutually understood and agreed that neither <br /> <br />Owner nor any of Owner's agents or contractors are, or shall be, considered to be <br /> <br />agents or employees of the City of Redwood City in connection with the performance of <br /> <br />Owner's obligations under this Agreement. <br /> <br />A TTY/AGR/2008.014 <br />030308 <br /> <br />9 <br />