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Until the Closing, the Developer shall, upon learning of any fat or condition which would cause any of the warranties and representations i n this a tion 205.2 not to be true as of Closing, immediately give ri t ten notice of such fact or condition to the Agency. Such exception to a representation shall not be deemed a breach by the Developer hereunder, but shall con ti to to an exception which the Agency shall hair a right to approve or disapprove if such exception would have an effect on the value and/or operation of the Site. If the Agency elects to close Escrow following disclosure of such information, the Developer's representations and warranties contained herein shall be deemed to have been made as of the Closing, subject to such exception(s). If, following the disclosure of such information, the Agency elects to not close Escrow, thin this Agreement and the Escrow hall automatically terminate and neither party shall have any further rights, obligations or liabilities hereunder. The representations and warranties set forth in this Section 205.2 shall su rviv the Closing. 206. Condition of the Site. 206.1 Investigation of Site. Prior to the execution of this Agreement, Agency has caused a "Phase l" investigation of the Environmental Condition of the Site which was undertaken by Converse Consultants, identified as: i CONVERSE PROJECT N. 10- 4- 118 -1 6129614,622, AND 626 -628 EAST SANTA ANA BOULEVARD 04, 606y 614-61 810 620 AND 622 NORTH LACY STREET 601-6035 609,613, and 617 EAST 6TH STREET 709 AND 711 EAST 6TH STREET 609 AND 611 NORTH MINTER STREET (Block 1 SANTA ANA, CALIFORNIA (ii) C PROJECT N. 10-42-118-02 601,605-607,6095 11 NORTH LACEY STREET 801 BROWN STREET (Bloc AR'I'A ANA, CALEFORNIA (iii) CONVERSE PROJECT N. 10-42-118-08 5019 5055 AND 511 EAST 5TH STREET 5011/2- 507 M RTIlI R STREET (Block A SANTA A A * CALIFORNIA (iv) CONVERSE PROJECT ISO. 1 -4-11 -0 606,610-612,616, AND 620 EAT 5TH STREET loci B ANA ANA, CALIFORNIA (v) CONVERSE PROJECT ND. I0-42- 118 -I0 712 EAST 5TH STREET (Block E) SANTA ANA, CALIFORNIA (""Agency Environmental Site Assessment"), Sri th the cost of such investigation being borne by the Agv nu fir. Agency represents and warrants that Developer has been provided a copy of all reports and test results produced in connection with the environmental investigation of the Site DOO 1400 673 v 14/200272 -000 1