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(whether or not on the part of City or its contractor); civil disturbance; terrorist act; power outage; <br />fire, flood, windstorm, hurricane, earthquake or other casualty; any law, order, regulation or <br />other action of any governing authority other than the City; any action, inaction, order, ruling <br />moratorium, regulation, statute, condition or other decision of any governmental agency other <br />than the City having jurisdiction over the City or the City's operations. <br />ARTICLE IV <br />AMAZON'S OBLIGATIONS <br />Section 4.01. Payment of Construction Cost Estimate Balance and Excess <br />Construction Cost. On or before October 20, 2015 Amazon shall notify City of its selection of <br />either a dual feed or radial feed Electric Service for the fulfillment center and shall pay City the <br />balance of the Extension Cost Estimate due after subtracting $252,115 from $342,546 (the <br />estimated cost of a three phase radial feed Electric Service). If the actual cost of construction of <br />the Electric Service exceeds the Extension Cost Estimate, and such increase in cost does not arise <br />out of or is not related to the negligence or misconduct of the City or the City's employees, <br />officials or officers, Amazon shall pay the difference to City before the Electric Service to the <br />fulfillment center will be energized. <br />Section 4.02. Incentive Repayment. Amazon acknowledges that City's agreement to <br />cost participate in the construction of the Electric Service in the amount of $252,115 is an <br />incentive that is based upon Amazon's estimate of the electric power usage at the fulfillment <br />I <br />