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DES:djk 01/23/97 022/66) <br /> <br />pay to City the actual cost of providing such services, in <br />accordance with the City's current fees. Owner agrees to <br />complete payment of such additional sum or sums for the services <br />provided by City, if any, within ten (10) days after billing by <br />City of the additional sum to be paid and agrees that the amount <br />payable shall be increased by ten percent (10%) in the event <br />payment is not made within such ten (10) day period. Any part of <br />the Deposit or such additional sum or sums not utilized by City <br />shall be returned promptly to Owner. <br /> <br /> 11. IMMUNITY FROM ACTS OF GOD. Owner shall not be in <br />default of any provision of this Agreement or subject to any <br />penalty hereunder where timely performance or timely compliance <br />is prevented by Acts of God, including natural disasters, and/or <br />unusually inclement weather, civil emergencies, inability to <br />obtain materials (except for such inability occasioned by the <br />act, or failure to act, of Owner), change in governmental <br />regulations, or similar acts which are beyond Owner's reasonable <br />ability to control; however, Owner shall be obligated to perform <br />or comply within a reasonable time after the event or action <br />which precluded Owner from timely performance no longer exists. <br /> <br /> 12. INDEPENDENT CONTRACTOR. It is mutually understood and <br /> agreed that neither Owner nor any of Owner's agents or <br /> contractors are, or shall be, considered to be agents or <br /> employees of the City of Redwood City in connection with the <br /> performance of Owner's obligations under this Agreement. <br /> <br /> 13. ASSIGNABILITY. Owner may assign this Agreement subject <br /> to City's approval, which shall not be unreasonably withheld. <br /> <br /> 9 <br /> <br /> <br />