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<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 any cost to City, repair or replace or reconstruct any defective or otherwise <br /> <br />unsatisfactory part or parts of the Improvements or work within sixty (60) days of <br /> <br />receiving notice or if the repair, replacement or reconstruction takes longer than sixty <br /> <br />(60) days to complete, have commenced the work within sixty (60) days of notice and <br /> <br />be diligently working to complete it. Should Owner fail to act promptly to make such <br /> <br />repair, replacement, or reconstruction, or otherwise to act in accordance with this <br /> <br />requirement to repair, replace, or reconstruct, or should the exigencies of the case <br /> <br />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 <br /> <br />of Four hundred ninety nine thousand one hundred ninety eight dollars and ten <br /> <br />cents($499,198.10) for all expressly conditioned Improvements to secure Owner's <br /> <br />A TTY/AGR/201 0.057 <br />080610 <br /> <br />7 <br />