CEMEX Materials Pacific LLC 4/5/2017

(b) Transfer Lot Group Permitted Exceptions. Owner has delivered to the City a preliminary title commitment and a survey for the Transfer Lot Group. This preliminary title commitment is attached hereto as Exhibit G. Only those exceptions marked as "permitted" in such attached title commitments are "Permitted Exceptions"under this Amendment for the Transfer Lot Group. For the purposes of clarity, no encroachment is ever considered a Permitted Exception under this Amendment. (c) Transfer Lot 3 Title Commitment and Survey. Owner has delivered to the City a preliminary title commitment and survey for Transfer Lot 3. This preliminary title commitment is attached hereto as Exhibit G-1. Within twenty (20) days following the recording of the Division 9 Binding Site Plan, Owner shall cause Title Company to provide the City with an updated preliminary commitment for the Owner's Title Policy("Transfer Lot 3 Title Commitment") for the Transfer Lot 3, which shall reflects additional exceptions and encumbrances created by the Division 9 Binding Site Plan, and no other modifications. Only those exceptions marked as "permitted" in such attached title commitment and any easements or encumbrances created in the Division 9 Binding Site Plan are "Permitted Exceptions" under this Amendment for Transfer Lot 3. 1.8 City's Conditions of Acceptance. In addition to the conditions provided in other provisions of this Amendment,the City's obligations under this Amendment are subject to, on or before the applicable Transfer Lot Closing Date, Owner's performance of the following conditions, each of which is for the sole benefit of the City and any or all of which may be waived by the City in writing at its sole option: (a) No Default. Owner shall not be in Default of any of its Owner Obligations under this Amendment. "Default" as used herein shall mean Owner has failed to 14