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6.1D <br /> Page 12 <br /> period of one (1) year after final acceptance of the work done under this Agreement. The bond <br /> or deposit shall be furnished by Owner. <br /> 9. Deposit for Plan Check and Inspection. Owner shall deposit with City the sum of <br /> forty eight thousand seven hundred sixty dollars and sixty three cents ($48,760.63) ( "Deposit "), <br /> Tess all amounts previously paid to City by Owner for such services, to compensate City for all <br /> engineering, inspection, plan check, laboratory and field testing, construction, and other <br /> services furnished by City in connection with the Improvements. Owner understands that the <br /> Deposit is an estimate and further agrees to pay to City the actual cost of providing such <br /> services, in accordance with the City's current fees. Owner agrees to complete payment of <br /> such additional sum or sums for the services provided by City, if any, within ten (10) days after <br /> billing by City of the additional sum to be paid and agrees that the amount payable shall be <br /> increased by ten (10) percent in the event payment is not made within thirty (30) days after <br /> billing. Any part of the Deposit or such additional sum or sums not utilized by City shall be <br /> returned promptly to Owner. <br /> 10. Time Extensions /Immunity from Acts of Nature. Owner shall not be in default of <br /> any provision of this Agreement or subject to any penalty hereunder where timely performance <br /> or timely compliance is prevented by Acts of Nature, including natural disasters, and /or <br /> unusually inclement weather, civil emergencies, inability to obtain materials (except for such <br /> inability occasioned by the act, or failure to act, of Owner), change in governmental regulations, <br /> or similar acts which are beyond Owner's reasonable ability to control; however, Owner shall be <br /> obligated to perform or comply within a reasonable time after the event or action which <br /> precluded Owner from timely performance no longer exists. <br /> 11. Independent Contractor. It is mutually understood and agreed that neither Owner <br /> nor any of Owner's agents or contractors are, or shall be, considered to be agents or <br /> AT rWAGR/2011.014/ 134 MAPLE IMPROVEMENT 7 <br /> 021711 <br />