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<br />13. Guarantee of Workmanshio and Materials. Owner agrees that if, within a <br /> <br />period of one (1) year after final acceptance of any work done under this Agreement, <br /> <br />the improvements furnished and/or installed or constructed or caused to be constructed <br /> <br />by Owner, or any of the work done under this Agreement, fails to fulfill any of the <br /> <br />requirements of this Agreement, or the plans and specifications referenced herein, <br /> <br />Owner shall, upon receipt of a request in writing from City directing the work to be done, <br /> <br />without delay and without any cost to City, repair or replace or reconstruct any defective <br /> <br />or otherwise unsatisfactory part or parts of the Improvements or work. Should Owner <br /> <br />fail to act promptly to make such repair, replacement, or reconstruction, or otherwise to <br /> <br />act in accordance with this requirement to repair, replace, or reconstruct, or should the <br /> <br />exigencies of the case require that repair, replacement, or reconstruction be made <br /> <br />before Owner can be notified, the City may, at its option, make the necessary repair, <br /> <br />replacement, or reconstruction or perform the necessary work, and Owner shall pay to <br /> <br />City the actual 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 />14. 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 Forty Thousand <br /> <br /> <br />and No/100 Dollars ($74,319) for all expressly conditioned Improvements to secure <br /> <br />A TTY/AGR.2008.066 <br />080508 <br /> <br />9 <br />