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estimate and furtheragrees to pay to City the actual cost of <br />providing such services, in accordance with the City's current <br />fees. Owner agrees to complete payment of such additional sum or <br />sums for the services provided by City, if any, within ten (10) <br />days after billing by City of the additional sum to be paid and <br />agrees that the amount payable shall be increased by ten percent <br />(10%) 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 <br />not utilized by City shall be returned promptly to Owner. <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 /> 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 /> 13. ASSIGNABILITY. Owner may assign this Agreement subject <br /> <br /> ~h .... not be unreasonably withheld. <br /> to City's approval, which <br /> <br /> 9 <br /> <br /> <br />