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colorable claim against the Property (e.g., a mechanic's lien) superior to the claim of City <br />against the Property with respect to the subject disbursement, or (ii) City must have <br />received, at Developer's expense but payable out of the Construction/Rehabilitation <br />Proceeds, from the title insurer who issued City's LP -10 Title Policy, all endorsements <br />thereto then reasonably required by City. <br />(o) Revresemations and Warranties. The representations and <br />warranties of Developer contained in this Agreement and the other City Loan Documents <br />shall be correct as of the date of the disbursement as though made on and as of that date. <br />(d) No Default, No Event of Default by Developer shall remain <br />uncured and no event shall have occurred which, with the giving of notice or the passage <br />of time or both, would constitute an Event of Default by Developer. <br />6,6 Final Disbursement. City's obligation to disburse that portion of the <br />construction/rehabilitation portion retained pursuant to Section 6,12 is subject to the <br />satisfaction of the following additional conditions precedent: <br />(a) Construction/Rehabilitation Complete. The construction/rehabilitation <br />shall be complete. <br />(b) Certificate of Occupancy Issued. Any portion of the <br />coustruction/rchabilitation requiring inspection or certification by any <br />Govermnental Authority shall have been inspected and certified as <br />complete. Developer shall request that the Building Department issue a <br />Certificate of Occupancy, a copy of which shall be delivered to the <br />Executive Director, in order for final disbursement to occur. <br />(c) Lien Free. At least one of the following shall have occurred: <br />(i) Thirty -five (3 5) days shall have passed since the <br />recording of a valid notice of completion for the construction/rehabilitation, and no <br />mechanic's or material roan's lien shall be outstanding; or <br />(ii) Ninety -five (95) days shall have passed since actual <br />completion of the rehabilitation and /or construction, and no mechanic's or materialman's <br />lien shall be outstanding, or Developer shall have bonded over any such lien to City's <br />reasonable satisfaction. <br />6.7 Waiver of Conditions. The conditions set forth pertaining to City's <br />obligation to make disbursements of the rehabilitation or construction portion are for <br />City's benefit only and the Executive Director may waive all or any part of such rights by <br />written notice to Developer. <br />6.8 Disbursement Requests. The construction or rehabilitation proceeds shall be <br />disbursed on a line -item by line -item basis in accordance with the Project Budget acid <br />subject to the conditions in this section. In no event shall City have any obligation to <br />disburse any amount for any itern in excess of the amount allocated to such item in the <br />11 <br />25C -15 <br />