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amount payable shall be increased by ten percent (10%) in the event payment is not <br /> made within such ten (10) day period. Any part of the Deposit or such additional sum or <br /> sums not utilized by City shall be returned promptly to Owner. <br /> 11. IMMUNITY FROM ACTS OF GOD. Owner shall not be in default of <br /> any provision of this Agreement or subject to any penalty hereunder where timely <br /> pertormance or timely compliance is prevented by Acts of God, including natural <br /> disasters, and/or unusually inclement weather, civil emergencies, inability to obtain <br /> materials (except for such inability occasioned by the act, or failure to act, of Owner), <br /> change in governmental regulations, or similar acts which are beyond Owner's <br /> reasonable ability to control; however, Owner shall be obligated to perform or comply <br /> within a reasonable time after the event or action which precluded Owner from timely <br /> pertormance no longer exists. <br /> 72. INDEPENDENT CONTRACTORS. It is mutually understood and <br /> agreed that neither Owner nor any of Owner's agents or contractors are, or shall be, <br /> considered to be agents or employees of the City of Redwood City in connection with <br /> the pertormance of owner's obligations under this Agreement. <br /> 13. ASSIGNABILITY. Owner may assign this Agreement subject to City's <br /> approval, which shall not be unreasonably withheld. <br /> IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and <br /> year first hereinabove written. <br /> CITY OF REDWOOD CITY, a charter city and <br /> municipal corporation of the State of <br /> California <br /> By: ��� i� �C�� <br /> T o8 b Bell, ity Manager <br /> ATT S <br /> Silvi V derlinden, City Clerk <br /> Ken�eld P' Place, LLC, a C' nia <br /> Limite � Com y <br /> / <br /> B: <br /> Brad Smit <br /> Title: Manaaer <br /> ATTY/AGR/2011.134/KENTFIELD SUBDIVISION <br /> � REV:12/01/11 Page 8 of 8 <br />