Laserfiche WebLink
a. No Default. Prior to the Close of Escrow, Agency is not in default <br />in any of its obligations under the terms of this Agreement and all representations and warranties <br />of Agency contained herein shall be true and correct in all material respects. <br />b. Execution of Documents. The Agency shall have executed the <br />Grant Deed for each of the applicable Sites and any other documents required hereunder, and <br />delivered such documents into Escrow. <br />c. Payment of Closing Costs. Prior to the Close of Escrow, Agency <br />shall have paid all required costs of Closing for the applicable Phase into Escrow in accordance <br />with Section 202 hereof. <br />d. The DIR shall have issued a written determination regarding the <br />Project. <br />e. Review and Approval of Title. Developer shall have reviewed <br />and approved the condition of title of the applicable Phase of the Sites, as provided in Section <br />203 hereof. <br />f. Title Policy. The Title Company shall, upon payment of Title <br />Company's regularly scheduled premium, have agreed to the Title Policy for the applicable <br />Phase of the Sites upon the Close of Escrow, in accordance with Section 204 hereof. <br />g. Condition of Sites. The Developer shall have approved the <br />environmental, physical and soils condition of the applicable Phase of the Sites and shall not <br />have elected to cancel Escrow and terminate this Agreement pursuant to Section 208 hereof, the <br />Remediation of the applicable Phase of the Sites (if required pursuant to that Section) shall have <br />been completed as provided therein, and Agency is prepared to deliver exclusive possession of <br />the Sites to Developer at the Closing. <br />h. Design Approvals. The Developer shall have obtained approval <br />by the Agency of the Design Development Drawings as set forth in Section 302 hereof. <br />i. Land Use Approvals. The Developer shall have received all land <br />use approvals and permits required pursuant to Section 303 hereof. <br />j. Financing. The Developer shall have obtained construction <br />financing of the Improvements on the applicable Phase as provided in Section 311.1 hereof. <br />k. No Litigation. No litigation shall be pending or threatened by any <br />third parties which seeks to enjoin the transactions contemplated herein. <br />1. Representations and Warranties. All representations and <br />warranties of Agency contained in this Agreement shall be true and correct as if made on and as <br />of the Closing. <br />600457905v2 3 1 3 <br />