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<br />compliance with the provisions of Paragraph 7 hereof, for a period of one (1) year after <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 One hundred nineteen thousand two hundred ninety eight dollars($119,298.00) <br /> <br />("Deposit"), less all amounts previously paid to City by Owner for such services, to <br /> <br />compensate City for all engineering, inspection, plan check, laboratory and field testing, <br /> <br />construction, and other services furnished by City in connection with the Improvements. <br /> <br />Owner understands that the Deposit is an estimate and further agrees to pay to City the <br /> <br />actual cost of providing such services, in accordance with the City's current fees. <br /> <br />Owner agrees to complete payment of such additional sum or sums for the services <br /> <br />provided by City, if any, within ten (10) days after billing by City of the additional sum to <br /> <br />be paid and agrees that the amount payable shall be increased by ten (10) percent in <br /> <br />the event payment is not made within thirty (30) days after billing. Any part of the <br /> <br />Deposit or such additional sum or sums not utilized by City shall be returned promptly to <br /> <br />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 />A TTY /AGR/201 0.057 <br />080610 <br /> <br />8 <br />