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6.1. F. - Page 37 <br /> amount payable shall be increased by ten percer�t {10%) i� the e�ent payment is nof <br /> made within such ten (10) day periad. Any part of the Deposit or such additional s�m or <br /> sums not utilized by City shall be returned promptly to Owner. <br /> 1�I , IMIUIUNITY FR�M ACTS OF GOD. Owner shall not be in default of <br /> any pra�ision af this Agreement or subjec# fo any penalty hereunder where timefy <br /> performance or timely corr�pliance is pre�ented by Acts afi God, including nat�araf <br /> disasfers, andlor unusually inclement weather, civil emergencies, inability fo obfain <br /> materiafs (except �For such inability occasioned by the act, or failure to act, of Owner}, <br /> change in governmentaf regulations, or similar acts which are beyond Own�r's <br /> reasonable abifity to control; however, Owner shall be obligated to perfarm or comply <br /> within a reasor�able time after the event or action which precluded Owr�er from timely <br /> performance no longer �xists. <br /> 12. INDEPEN�ENT CONTRACTORS. It is mutually understood and <br /> agreed that r�either �wner rtor any of Owner's ager�ts or contractors are, ar shall be, <br /> considered ta be agents or employees of the City of Redwoo� City in cor�nection with <br /> the performance af awner's o�ligatians under this Agreemer�t. <br /> 13. ASSIGNABfLITY. Owner may assign this Agreement subject to City's <br /> approval, which shall not be unreasanably w�t�theld. <br /> IN WITNESS WHEREO�, the par�ies hereto haue executed fhis Agreement �he day ar�c� <br /> year first h�reinabove written. <br /> CITY OF REDW40D CITY, a charter cify artd <br /> municipal corporation of the State of <br /> Califorr�ia <br /> By: <br /> Bob Belf, Cify Manager <br /> ATTEST: <br /> Silvia Vonderfinden, City Clerk <br /> Ken�field P�cifir Place, LLC, a C,' nia <br /> Limited- `` 't Com �iY -; <br /> /"� J ` ,i �" <br /> B J� � Nf!' � � /� <br /> Brad Smit �'� � <br /> Title: ManaAer ,� <br /> — / <br /> ATTYIAGRl2019.134110ENTFIEE.D SUBI�IVISIQN <br /> FtEV:1210'! 1'{ 1 Page S of 8 <br />