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10. Deposit for Plan Check and Inspection. Concurrently with the <br />execution hereof, Irvine shall deposit with City the sum of Twenty-seven <br />Thousand Seven Hundred Eighty-two Dollars ($27,782) ("Deposit"), less all <br />amounts previously paid to City by or on behalf of Irvine for the following: all <br />engineering, inspection, plan check, laboratory and field testing, construction, <br />and other services furnished by City in connection with the Street Improvements <br />and the Development. Irvine understands that the Deposit is an estimate, and <br />further agrees to pay to City the actual cost of providing such services, in <br />accordance with the City's current fee schedule therefor. Irvine agrees to pay <br />such additional sum or sums as may be required for the services provided by <br />City, within ten (10) days after billing by City for such additional sums and <br />agrees that the amount payable shall be increased by ten (10) percent in the <br />event payment is not made within such ten (10) day period. Any part of the <br />Deposit or such additional sums not required to compensate City shall be <br />returned promptly to Irvine. <br /> <br /> 11. Time Extensions/Immunity from Acts of God. Irvine shall not be in <br />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 <br />by the act, or failure to act, of Irvine), change in governmental regulations, or <br />similar acts which are beyond Irvine's reasonable ability to control; however, <br /> <br /> G:~'shared~edw°°d\C°uncil 9 <br /> Agmt-142 <br /> DES:rg <br /> 03/09/98;03/13/98R <br /> ,04/10/98R; 05/07/98R R R :06./01/98R R R R <br /> <br /> <br />