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Any request for extension of time for construction commencement or completion <br />shall be in writing, shall fully state the reasons for such request, and shall be delivered to <br />City in the manner specified in Section 15.4. The City Engineer shall permit extensions <br />for delays actually caused by riots, strikes, lockouts, fires, earthquakes, flood and <br />conditions resulting therefrom. Extensions for any other cause shall be approved in the <br />sole discretion of the City Engineer who shall be the sole and final judge as to whether <br />good cause has been shown to entitle Owner to an extension. No extension granted <br />pursuant to this Section shall obligate City to grant any further or additional requests for <br />extension. Extensions shall be granted only pursuant to a written instrument signed by <br />the City Engineer or his designee, and any purported oral agreement to permit an <br />extension shall not be valid for any purpose. No extension shall release any security <br />provided by Owner pursuant to this Agreement or operate to release any security <br />provided pursuant to this Agreement. <br />The granting of any extension may be conditioned upon Owner's provision of new <br />or amended surety bonds or other security in amounts increased to reflect increases in <br />the cost of constructing the Improvements as a result of the extension, and the, provision <br />of an increased cash deposit to cover the cost of additional inspections if required <br />pursuant to Section 4 below. <br />4. Inspection; Inspection Fees; Acceptance; Title. Owner shall guarantee free <br />access to City through the City Engineer and his designated representatives for the safe <br />and convenient inspection of the Improvements throughout construction. The City <br />Engineer or his designee shall inspect all of the Improvements to determine whether <br />they comply with the Plans, City regulations and the requirements of this Agreement, <br />and shall have the authority to reject materials and workmanship which are not in <br />accordance with the Plans. At Owner's sole expense, Owner shall promptly remove <br />and replace all such rejected materials and/or work to the satisfaction of City in strict <br />accordance with the Plans. The City shall bear no responsibility whatsoever for work <br />rejected by the City Engineer. <br />Prior to City's issuance of permits for each portion of the Lot 1 Improvements <br />(defined in Section 5.1 below), Owner shall deposit with the City funds in an amount <br />equal to the anticipated cost of inspection for the portion of the Lot 1 Improvements <br />covered by such permits. The aggregate total inspections deposit required for all of the <br />Lot 1 Improvements shall be the sum of One Hundred Thousand Dollars ($100,000). <br />Prior to City's issuance of permits for each portion of the Lot 2 Improvements (defined in <br />Section 5.1 below), Owner shall deposit with the City funds in an amount equal to the <br />anticipated cost of inspection for the portion of the Lot 2 Improvements covered by such <br />permits. The aggregate total inspections deposit required for all of the Lot 2 <br />Improvements shall be the sum of Eighty Thousand Dollars ($80,000). Owner hereby <br />agrees to increase the amount of such deposit(s) to cover City's actual costs of <br />inspection if such costs exceed the amount of the original deposits. Upon completion of <br />the Improvements required for Lot 1 and final acceptance by City of said Improvements, <br />City shall refund to Owner (or to such other party that has provided such deposit), the <br />unused portion (if any) of the deposit made pursuant to this paragraph for inspection of <br />1328680-7 3 <br />