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cure a breach of this Amendment specified in a written notice from the City to Owner within <br /> thirty (30) days of the date that the notice is delivered; provided, however, in the event the cure is <br /> not capable of being completed within said thirty(30)-day period, Owner shall not be in Default <br /> if it commences and completes a cure in a commercially reasonable manner. <br /> (b) Representations. All of Owner's representations and warranties set forth <br /> in this Amendment as to the Transfer Lot(s) being conveyed shall be true. <br /> (c) Owner's Title Policy. Title Company shall have committed to issue an <br /> Owner's Title Policy to the City as required by Section 1.7(a). <br /> (d) No Litigation. No litigation or proceeding shall be pending or shall have <br /> been threatened that could impair the transaction contemplated hereby or the City's intended use <br /> of the applicable Transfer Lot(s). <br /> (e) Acceptance Standards Work. The Acceptance Standards Work <br /> applicable to the Transfer Lot(s) shall have been completed by Owner at its sole cost and <br /> expense in accordance with the applicable Approved Plans. <br /> (f) No Encroachments. Owner shall be in compliance with its obligations <br /> under Section 1.9(a). <br /> 1.9 Obligations Regarding Encroachment, Slopes and Stormwater <br /> (a) Transfer Lot 45-B Encroachment. Prior to the Transfer Lot Group <br /> Closing Date, Owner shall have eliminated the fence encroachment on Transfer Lot 45-B and <br /> shall have the Owner's Title Policy insuring the City against any title claims to the area <br /> encroached upon shown in Exhibit D, including without limitation insurance against adverse <br /> possession claims. For the purposes of clarity, an encroachment is never a Permitted Exception. <br /> 15 <br />