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provide the Agency with a copy of each such Title of i . Any additional costs, including the cost of an ALTA policy* any surveys or inspections necessary for the issuance of an ALT policy, o r any endorsements requested by the Developer, shall be borne by the Developer. 204. Conditions of Closing. The Closing for each Phase is and itioned upon the satisfaction of the full owing terms and conditions of such Phase within the tines designated below. 204.1 Agency's Conditions of to in g. The Agen ' s obligation to proceed with the Closing for each Phas a is u bj t to the fulfillment, or waiver by the Agency Executive Director, of each and all of the conditions precedent a through i , inclusive, described below with respect to such Ph a e (the "Agency's Conditions Pr d e. t" ), which axe solely for the benefit f Agency, and which hall be fulfilled or waived on or before the applicable Outside Closing Date. Any condition not specifically waived prior to such losing shall b e deemed waived upon Conveyance for the Phase associated with such Closing: (a) No Prior to the Close of Escrow for such Phase, the Developer has not committed and failed to cure any default in any of its obligations under the terms of this Agreement with respect to such P h as a and all representations and warranties of the Dtveloper contained herein shall be true and correct in all material respects. (b) Pa i e t of Closing Costs and Purchase Price. The Developer shall have deposited the Purchase Price for such Phase and all costs payable by Developer of such Closing into Escrow in accordance with Section 201 into Es crow . (c) Execution of oc n ts. The Developer shall have executed and, as necessary for recordation} shall have had acknowledged, any documents required hereunder with respect to such Phase and shall have delivered such documents into Escrow (including, without limitation, the Notice of Affordability Restrictions). (d) Conceptual Site Platt and Land Use Approvals. The Developer sh al I i have to i nod City and gen y Executive Direr for approval of the on ep to al Site Plan and final Construction Drawings for all of the Developer Improvements in such Phase, (ii) have obtained all Land Use Appro aIs necessary for the development of such Phase, as set forth in Section o hereof, and (iii) take such actions as are necessary to insure that building permits for the development of such Phase shall be issued concurrently with losi n of the portion of the Site associated with such Phase* or demonstrate to Agency's reasonable satisfaction that building permits for the development of such P h a s are ready to be issued but for the payment f fees associated therewith, and that the funds necessary for the payment of such fees has been allocated, reserved and committed in the contortion financing or equity contributions which are available upon and after the date of the Closing. (e) Insurance. The Developer shall have provided proof of insurance as required by Section 306 hereof with respect to such Phase. (f) Financing. The genet' shall have approved the Evidence of Construction Financing of the Developer hnprovem n t s for such Phase as provided in Section 316.1 hereof and the financing consistent with the Evidence of Construction Financing 17 D O S O Cl 1400673 v 14/20027 2 -0}01