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(a) No Default. As of Transfer, CSR-Associated shall not be in default of <br /> any of its obligations under this Agreement. <br /> (b) Representations. As of Transfer, all of CSR-Associated's representations <br /> and warranties set forth in this Agreement 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 1.6 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 the Transfer Lots. <br /> (e) Reclamation. All reclamation on such Transfer Lot(s) has been <br /> completed by CSR-Associated at its sole cost and expense in accordance with the amended DNR <br /> surface mining permit and the City's "Technical Acceptance Standards" as set forth in the <br /> attached Exhibit C. <br /> (f) Grading. The Transfer Lot(s) shall have been rough-graded and <br /> compacted by CSR-Associated at its sole cost and expense in accordance with the City's <br /> Technical Acceptance Standards, inspected, and approved by the City. <br /> (g) Grading and Compaction. The parties acknowledge that there is an <br /> existing DNR surface mining permit (#70-010161) that will require amendment in order to <br /> implement this Agreement. The City shall issue a letter to DNR indicating the City's support for <br /> any reclamation permit amendments required to implement this Agreement, so long as such <br /> amendments are consistent with the terms of this Agreement, City regulations,and state law. <br /> S:\GDoughty\W IN W ORD\CSR\AgreementFinal.doc 13 <br /> Seattle/2.8.00 <br />