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CA" for a more particular description of the work and Improvements generally described in this <br /> Agreement. Said plans and specifications referenced in this paragraph are hereby incorporated <br /> herein and made a part of this Agreement. Upon completion of the aforementioned work, and <br /> prior to the release of any security required herein, Owner shall furnish City with a complete set <br /> of plans and drawings showing the Improvements in their actual or "as builY' condition and <br /> location. <br /> 7. Guarantee of Workmanship and Materials. Owner agrees that if, within a <br /> period of one (1) year after final acceptance of any work done under this Agreement, the <br /> improvements furnished and/or installed or constructed or caused to be constructed by Owner, <br /> or any of the work done under this Agreement, fails to fulfill any of the requirements of this <br /> Agreement, or the plans and specifications referenced herein, Owner shall, upon receipt of a <br /> request in writing from City directing the work to be done, without any cost to City, repair or <br /> replace or reconstruct any defective or otherwise unsatisfactory part or parts of the <br /> Improvements or work within sixty (60) days of receiving notice or if the repair, replacement or <br /> reconstruction takes longer than sixty (60) days to complete, have commenced the work within <br /> sixty (60) days of notice and be diligently working to complete it. Should Owner fail to act <br /> promptly to make such repair, replacement, or reconstruction, or otherwise to act in accordance <br /> with this requirement to repair, replace, or reconstruct, or should the exigencies of the case <br /> require that repair, replacement, or reconstruction be made before Owner can be notified, the <br /> City may, at its option, make the necessary repair, replacement, or reconstruction or perform the <br /> necessary work, and Owner shall pay to City the actual cost of thereof plus fifteen (15) percent. <br /> Notwithstanding any provision to the contrary as set forth in this Agreement, Owner shall <br /> not be responsible for repair, replacement, or reconstruction of any Improvements, necessitated <br /> by Acts of God, acts of third parties (other than Owner, its agents, employees, or contractors) <br /> beyond Owner's ability to control, civil emergencies, natural disasters, or similar acts or events. <br /> ATTY/AGR/2012.070/134 MAPLE IMPROVEMENTAGREEMENT <br /> REV:06-04-12 VR <br /> Page 6 of 9 <br />