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(c) Payment of Closing Costs. Prior to the Close of Escrow for such <br />Phase, Agency shall have paid all required costs of such Closing into Escrow in accordance with <br />Section 201. <br />(d) Review and Approval of Title. Developer shall have reviewed and <br />approved the Condition of Title of such Phase, as provided in Section 202. <br />(e) Financing. Developer shall have obtained, and the Agency shall <br />have approved Evidence of Construction Financing for such Phase consistent with the approved <br />Evidence of Construction Financing of the Developer Improvements for such Phase as provided <br />in Section 316.1, and the financing for such Phase shall have closed and funded or be ready to <br />close and fund concurrent with the applicable Closing. <br />(f) Title Policy. The Title Company shall, upon payment of Title <br />Company's regularly scheduled premium, have agreed to issue the Title Policy for each Phase <br />upon each Closing, in accordance with Section 203. <br />(g) Environmental. The Developer shall have approved the <br />Environmental Condition of the portion of the Site included in the applicable Phase and shall not <br />have elected to cancel Escrow and terminate this Agreement pursuant to Section 206.2 hereof <br />and the Remedial Work (if required pursuant to that Section) shall have been completed as <br />provided herein. <br />(h) Conceptual Site Plan and Land Use Approvals. The Developer <br />shall (i) have obtained City and Agency Executive Director approval of Conceptual Site Plan and <br />final Construction Drawings for all of the Developer Improvements in such Phase, (ii) have <br />obtained all Land Use Approvals necessary for the development of such Phase, including, <br />without limitation, Subdivision Map Act compliance, any necessary zone change and/or approval <br />of any required density bonus, and (iii) take such actions as are necessary to insure that building <br />permits for the development of such Phase shall be issued concurrently with the Conveyance of <br />the portion of the Site associated with such Phase. <br />(i) Soils and Geological Condition. Developer shall have approved <br />the Site Condition with respect to such Phase in accordance with Section 206.1 hereof. <br />0) Relocation. The Agency shall have relocated all tenants and other <br />inhabitants of the portion of the Site on which such Phase is or will be located in accordance with <br />all existing federal, state and local laws. <br />(k) Site Improvements. The portion of the Site on which such Phase is <br />or will be located shall be free of all Site Improvements. <br />(1) Environmental Condition. The portion of the Site on which such <br />Phase is or will be located shall be free of all Hazardous Materials, including, without limitation, <br />asbestos and lead-based paint, all in accordance with Section 206.7 below, and the Developer <br />shall have received and approved the Abatement Report described in Section 206.7 below. <br />DOCS OG k 4 00673 v 14!200272-000 I <br />19