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unsatisfactory part or parts of the Improvements or work. Should Owner fail to <br />act promptly to make such repair, replacement, or reconstruction, or otherwise to <br />act in accordance with this requirement to repair, replace, or reconstruct, or <br />should the exigencies of the case require that repair, replacement, or <br />reconstruction be made before Owner can be notified, the City may, at its option, <br />make the necessary repair, replacement, or reconstruction or perform the <br />necessary work, and Owner shall pay to City the actual cost of thereof plus <br />fifteen (15) percent. <br /> <br /> Notwithstanding any provision to the contrary as set forth in this <br />agreement, Owner shall not be responsible for repair, replacement, or <br />reconstruction of any Improvements, necessitated by Acts of God, acts of third <br />parties (other than Owner, its agents, employees, or contractors) beyond <br />Owner's ability to control, civil emergencies, natural disasters, or similar acts or <br />events. <br /> <br /> 8. Security to Insure Guarantee. Owner agrees, as a condition <br />precedent to City's acceptance of any of the Improvem.ents which are the subject <br />of this agreement, to furnish and file with the City Clerk a bond or deposit in the <br />amount of Twenty-three Thousand Five Hundred and No/100 Dollars <br />($23,500.00) for all expressly conditioned Improvements to secure Owner's <br />compliance with the provisions of Paragraph 7 hereof, for a period of one (1) <br />year after final acceptance of the work done under this agreement. The bond or <br />deposit may be furnished by Owner or its contractor. <br /> <br />F :~shared~ edva3od\Council 7 <br />Agmt-122 . <br />FXS:djk <br />09~09/97 <br /> <br /> <br />