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'9. Deposit for Plan Check and Inspection. Owner shall deposit with <br />City the sum of Fifteen Thousand Two Hundred Forty and No/100 Dollars <br />($15,240.00) ("Deposit"), less all amounts previously paid to City by owner for <br />such services, to compensate City for all engineering, inspection, plan check, <br />laboratory and field testing, construction, and other services furnished by City in <br />connection with the Improvements. Owner understands that the Deposit is an <br />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 <br />payment of such additional sum or sums for the services provided by City, if any, <br />within ten (10) days after billing by City of the additional sum to be paid and <br />agrees that the amount payable shall be increased by ten (10) percent in the <br />event payment is not made within such ten (10) day period. Any part of the <br />Deposit or such additional sum or sums not utilized by City shall be returned <br />promptly to Owner. <br /> <br /> 10. Time Extensions/Immunity from Acts of God. Owner shall not be <br />in default of any provision of this agreement or subject to any penalty hereunder <br />where timely performance or timely compliance is prevented by Acts of God, <br />including natural disasters, and/or unusually inclement weather, civil <br />emergencies, inability to obtain materials (except for such inability occasioned <br />by the act, or failure to act, of Owner), change in governmental regulations, or <br />similar acts which are beyond Owner's reasonable ability to control; however, <br />Owner shall be obligated to perform or comply within a reasonable time after the <br /> <br />F:~sha red~ edv.~xl\Cou ncil 8 <br />Agmt-122 <br />FXS:djk <br />09/09/97 <br /> <br /> <br />