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SubdivideFs compliance with the provisions of this agreement for a period of one <br />(1) year after final acceptance of the work done under this agreement. <br /> <br /> 10. Subdivider shall deposit with City the sum of Twenty-eight Thousand <br />Five Hundred Eighty Dollars ($28,580) for all engineering, inspection, plan check, <br />laboratory and field testing, construction, and other services furnished by City in <br />connection with the work to be performed hereunder. Subdivider understands <br />that the aforementioned fund is an estimate and further agrees to pay to City the <br />actual cost of providing such services, in accordance with the City's current fees. <br />Subdivider agrees to complete payment of such additional sum or sums for the <br />services provided by City, if any, within ten (10) days after billing by City of the <br />additional sum to be paid and agrees that the amount payable shall be increased <br />by ten (10) percent in the event payment is not made within such ten (10) day <br />period. Any part of the deposit or such additional sum or sums not utilized by <br />City shall be returned promptly to Subdivider. <br /> <br /> 11. Subdivider shall not be in default of any provision of this agreement or <br /> subject to any penalty hereunder where timely performance or timely compliance <br /> is prevented by Acts of God, including natural disasters, and/or unusually <br /> inclement weather, civil emergencies, inability to obtain materials (except for <br /> such inability occasioned by the act, or failure to act, of Subdivider), change in <br /> governmental regulations, or similar acts which are beyond Subdivider's <br /> reasonable ability to control; however, Subdivider shall be obligated to perform or <br /> comply within a reasonable time after the event or action which precluded <br /> Subdivider from timely performance no longer exists. <br /> <br /> F:~s hared',R sdwoo<:l~Co u ncil 7 <br /> Agmt-124 <br /> FXS:rg <br /> 10/07/97 <br /> <br /> <br />