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commitment to remove any such exceptions or Survey matters prior to Transfer in accordance <br /> with the City's notice. <br /> (e) City's Election. If CSA A ssociatedRinker does net-notify the City that it <br /> will not remove all exceptions or Survey matters timely disapproved by City, then City may elect <br /> to exercise its remedies under Section 1.11 of this Agreement by written notice to CSR <br /> AssociatedRinker. If City does not so elect to exercise such remedies, then disapproved <br /> exceptions or survey matters that CSR A ssociatedRinker has not committed to remove shall <br /> become Permitted Exceptions. <br /> (1) New Exceptions. The notice and response procedure of this Section shall <br /> be repeated for any title exceptions first appearing after City's receipt of the Title Commitment. <br /> (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 /> 1.7 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 the <br /> fulfillment, on or before the conveyance of each Transfer Lot, Rinker not being in Default of the <br /> following conditions, each of which is for the benefit of City and any or all of which may be <br /> waived by City in writing at its sole option: <br /> (a) No Default. As of Transfer,CSR AssociatedRinker shall not be in <br /> dDefault of any of its obligations under this Agreement. "Default" as used herein shall mean <br /> Rinker has failed to cure a breach of this Agreement specified in a written notice from the City to <br /> 2004 Revised Development Agreement !:.e:..••.. •• ••.•• =•• _ • •••.. . . ... <br /> 15 <br /> 8/1/2005 . !I 11 .tt .!! -t !! r t!. Agee.; .Agee.. -uu.: :- Q <br /> 6 9 <br />