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(g) Deemed Permitted Exceptions. Notwithstanding the foregoing,rights <br /> reserved under federal patents or state deeds shall be permitted exceptions not subject to <br /> disapproval by City. <br /> 1.8 City's Conditions of Acceptance. In addition to the conditions provided in other <br /> provisions of this Agreement, City's obligations under this Agreement are subject to, on or <br /> before the conveyance of each Transfer Lot, Rinker not being in Default of the following <br /> conditions, each of which is for the benefit of City and any or all of which may be waived by <br /> City in writing at its sole option: <br /> (a) No Default. As of Transfer, Rinker shall not be in Default of any of its <br /> obligations under this Agreement. "Default" as used herein shall mean Rinker has failed to cure <br /> a breach of this Agreement specified in a written notice from the City to Rinker within thirty(30) <br /> days of the date that the notice is delivered,provided however, in the event the cure is not <br /> capable of being completed within said thirty(30) day period, Rinker shall not be in Default if it <br /> commences and completes a cure in a commercially reasonable manner. <br /> (b) Representations. As of a Transfer Date, all of Rinker's representations <br /> and warranties set forth in this Agreement as to the Transfer Lot shall be true. <br /> (c) Title Policy. Title Company shall have committed to issue a title policy to <br /> the City as required by Section 1.7 above. <br /> (d) No Litigation. No litigation or proceeding shall be pending or shall have <br /> been threatened which could impair the transaction contemplated hereby or City's intended use <br /> of a Transfer Lot. <br /> 2004 Revised Development Agreement <br /> 13 <br /> 8/23/2005 <br />