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10/1/08 <br />representations and warranties of Developer contained herein shall be true and correct in <br />all material respects. <br />b. Execution of Documents. The Developer shall have <br />executed the Grant Deed(s) and executed any other documents required hereunder and <br />delivered such documents into Escrow. <br />c. Payment of Closing Costs. Prior to the Close of Escrow, <br />Developer has paid all required costs of Closing into Escrow in accordance with Section <br />202 hereof. <br />d. Design Approvals. The Developer shall have obtained <br />approval by the Agency of the Design Development Drawings as set forth in Section 302 <br />hereof. <br />e. Land Use Approvals. The Developer shall have received <br />all land use approvals and permits required pursuant to Section 303 hereof. <br />f. Insurance. The Developer shall have provided proof of <br />insurance as required by Section 306 hereof. <br />205.2 Developer's Conditions of Closing. Developer's obligation to <br />proceed with the purchase of the Sites is subject to the fulfillment or waiver by Developer <br />of each and all of the conditions precedent (a) through (i), inclusive, described below <br />("Developer's Conditions Precedent"), which are solely for the benefit of Developer, and <br />which shall be fulfilled or waived by the time periods provided for herein: <br />a. No Default. Prior to the Close of Escrow, Agency is not in <br />default in any of its obligations under the terms of this Agreement and all representations <br />and warranties of Agency contained herein shall be true and correct in all material <br />respects. <br />b. Execution of Documents. The Agency shall have <br />executed the Grant Deed(s) and any other documents required hereunder, and delivered <br />such documents into Escrow. <br />c. Payment of Closing Costs. Prior to the Close of Escrow, <br />Agency shall have paid all required costs of Closing into Escrow in accordance with <br />Section 202 hereof. <br />d. Review and Approval of Title. Developer shall have <br />reviewed and approved condition of title of the Sites, as provided in Section 203 hereof. <br />e. Title Policy. The Title Company shall, upon payment of <br />Title Company's regularly scheduled premium, have agreed to the Title Policy for the <br />Sites upon the Close of Escrow, in accordance with Section 204 hereof. <br />11 <br />