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6.1.6 No Development Moratorium <br /> The City shall not have a development moratorium in effect that would prohibit <br /> completion of the Development in accordance with this Agreement. <br /> 6.1.7 No BNSF Right to Recovery <br /> BNSF shall not have a right under Section 4.1.3 of the BNSF Agreement to reconvey any <br /> portion of the City Property back to the City or to require the conveyance of the BNSF Property <br /> (as described therein)back to the City. <br /> 6.1.8 Simpson Site Status <br /> If the current No Further Action letter applicable to the Simpson Site should be <br /> withdrawn by Ecology prior to Closing, the City shall have obtained from Ecology either a No <br /> Further Action letter or a written confirmation that the Simpson Site is not a MTCA site, to the <br /> extent Ecology will provide this determination under MTCA or the Voluntary Cleanup Program <br /> ("VCP") based on existing available information ("Simpson Site NFA Contingency") <br /> 6.2 Conditions to City's Obligation <br /> The obligation of the City to close on the sale of the City Property is subject to the <br /> fulfillment of the following conditions on or prior to the Closing Date, each of which shall <br /> continue as a condition until Closing unless waived by the City. <br /> 6.2.1 Title Encumbrances <br /> The City shall have been able to remove from title to the City Property all liens, <br /> encumbrances, encroachments and other matters that are not Permitted Exceptions (the "Title <br /> Contingency"). <br /> 6.2.2 Environmental Agreement and Consent Decree Assurance <br /> Contingency <br /> The Environmental Agreement and Consent Decree Assurance Contingency shall have <br /> been satisfied. <br /> 6.2.3 Representations and Warranties <br /> The representations and warranties of OM contained in this Agreement shall be true and <br /> correct in all material respects as of Closing. <br /> 6.2.4 No Breach <br /> Except as provided and permitted by Section 14.1 below, OM shall not have assigned or <br /> transferred its interest in this Agreement to any person and shall not otherwise be in breach of <br /> any provision of this Agreement or the Access Agreement as of the Closing Date. <br /> -14- <br /> 06107-0063 LEGAL13023969.I <br />