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<br />6.1C <br />Page 10 <br /> <br />final acceptance of the work done under this Agreement. The bond or deposit shall be <br /> <br />furnished by Owner. <br /> <br />9. Deposit for Plan Check and Inspection. Owner shall deposit with City the <br /> <br />sum of Forty four thousand one hundred eighty one dollars($44,181.00) ("Deposit"), <br /> <br />less all amounts previously paid to City by Owner for such services, to compensate City <br /> <br />for all engineering, inspection, plan check, laboratory and field testing, construction, and <br /> <br />other services furnished by City in connection with the Improvements. Owner <br /> <br />understands that the Deposit is an estimate and further agrees to pay to City the actual <br /> <br />cost of providing such services, in accordance with the City's current fees. Owner <br /> <br />agrees to complete payment of such additional sum or sums for the services provided <br /> <br />by City, if any, within ten (10) days after billing by City of the additional sum to be paid <br /> <br />and agrees that the amount payable shall be increased by ten (10) percent in the event <br /> <br />payment is not made within thirty (30) days after billing. Any part of the Deposit or such <br /> <br />additional sum or sums not utilized by City shall be returned 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 re.asonable time after the event or action which precluded Owner from timely <br /> <br />performance no longer exists. <br /> <br />Attyl Agr/2009 .008 <br />021709 <br /> <br />8 <br />