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Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) fuable asbestos, (vii) polychlorinated biphenyls, (viii) methyl tertiary butyl ether, (ix) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article II of Title 22 ofthe California Code of Regulations, Division 4, Chapter 20, (x) designated as "hazardous substances" pursuant to Section 311 ofthe Clean Water Act (33 US.C. Section 1317), (xi) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 US.c. Sections 6901, et seq. (42 U.S.C. Section 6903) or (xii) defined as "hazardous substances" pursuant to Section 101 ofthe Comprehensive Environmental Response, Compensation, and Liability Act, 42 US.C. Section 9601, et seq. Section 406. Deeds. The Agency shall tender title to Parcels A and B to Developer by grant deed, in substantially the fOffil as Attachment No.6 hereto, which is incorporated by this reference as though fully set forth. The deeds shall contain no covenants, conditions or restrictions other than the covenant against discrimination mandated by the Community Redevelopment Law. Section 407. Condition of Title of Parcels A and B. Developer shall, at its sole expense, secure ITom First American Title Insurance Company, or another title company mutually agreeable to both parties (the "Title Company"), a standard preliminary title report with respect to title to Parcel A and Parcel B (the "Title Report"), together with legible copies of the documents underlying the exceptions ("Exceptions") reflected in the Title Report, within thirty (30) days ITom the date of this DDA. The Developer shall have the right to reasonably approve or disapprove the Exceptions in the Title Report, and other title matters shown on an ALTA survey if obtained by the Developer at its expense; provided, however, that the Developer hereby approves the Redevelopment Plan as of the date hereof as an Exception. Developer shall have thirty (30) days ITom the date of its receipt of the Title Report and the documents underlying the Exceptions to give written notice to Agency and Escrow Agent of Developer's approval or disapproval of any of such Exceptions set forth in the Title Report and any title matters shown on the ALTA survey, within its reasonable discretion. If Developer notifies Agency of its disapproval of any Exceptions in the Title Report and/or any matters shown on the ALTA survey, Agency shall have the right, but not the obligation, to remove any disapproved Exceptions or disapproved title matters shown on the ALTA survey within thirty (30) days after receiving written notice of Developer's disapproval or provide assurances satisfactory to Developer that such Exception( s) or disapproved title matters will be removed/corrected on or before the Closing. If Agency cannot or does not elect to remove any of the disapproved matters within that period, Developer shall have fifteen (15) days after the expiration of such thirty (30) day period to either give the Agency written notice that Developer elects to proceed with the purchase of the Property subject to the disapproved matters or to give the Agency written notice that the Developer elects to teffilinate this DDA for cause. The 13