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. . • <br /> delay and without any cost to the City, repair or replace or recon- <br /> struct any defective or otherwise unsatisfactory part or parts of <br /> the work or structure. Should Filo fail to act promptly or in <br /> accordance with this requirement, or should the exigencies of the <br /> case require repairs or replacements to be made before Filo can be <br /> notified, the City may at its option make the necessary repairs or <br /> replacements or perform the necessary work and Filo shall pay to <br /> the City the actual cost of such repairs plus fifteen per cent (15 %). <br /> 9. It is mutually understood and agreed that neither Filo <br /> nor any of its agents or contractors are or shall be considered to <br /> be agents of the City of Redwood City in connection with the per- <br /> formance of Filo's obligations under this agreement. <br /> 10. Filo agrees to pay to City the actual cost to City for all <br /> engineering, inspection and other services furnished by City in <br /> connection with this subdivision. City shall furnish monthly <br /> statements of all charges for services performed by City and Filo <br /> shall complete payment of such charges within ten (10) days after <br /> receipt thereof. Filo further agrees that, in the event such <br /> charges are not paid to City within said ten (10) day period, <br /> they shall be increased by ten per cent (10 %) of the total amount <br /> due. <br /> WITNESS THE EXECUTION HEREOF, the day and year first above <br /> written. <br /> CITY OF REDWOOD CITY, a municipal <br /> corporation <br /> ATTEST: By <br /> City hanger <br /> City Clerk <br /> FILO CORPORATION, a'private cor- <br /> poration <br /> By <br /> -5- <br />