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laboratory and field testing, construction, and other services furnished by City in <br />connection with the Bridge Improvements. Builder understands that the Deposit <br />is an estimate, and further agrees to pay to City the actual cost of providing such <br />services, in accordance with the City's current fee schedule therefore. Builder <br />agrees to pay such additional sum or sums as may be required for the services <br />provided by City, within ten (10) days after billing by City for such additional <br />sums and agrees that the amount payable shall be increased by ten (10) percent <br />in the event payment is not made within such ten (10) day period. Any part of <br />the Deposit or such additional sums not required to compensate City shall be <br />returned promptly to Builder. <br /> <br /> 10. Time Extensions/Immunity from Acts of God. Builder shall not be <br />in default of any provision of this agreement or subject to any penalty hereunder <br />where timely performance or timely compliance is prevented by Acts of God, <br />including natural disasters, and/or unusually inclement weather, civil <br />emergencies, inability to obtain materials (except for such inability occasioned by <br />the act, or failure to act, of Builder), change in governmental regulations, or <br />similar acts which are beyond Builder's reasonable ability to control; however, <br />Builder shall be obligated to perform or comply within a reasonable time after the <br />event or action which precluded Builder from timely performance no longer <br />exists. <br /> <br /> 11. Independent Contractor. The parties acknowledge and agree that <br />neither Builder, nor any of Builder's agents or contractors are, or shall be, agents <br /> <br />F:Atty2001 S hared/Redwood/Council/Agmt/Ag mt. 508 ~ <br /> <br /> <br />