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2 <br /> (c) Transfer Lot 3 Title Commitment and Survey. Owner has delivered to <br /> the City a preliminary title commitment and survey for Transfer Lot 3. This preliminary title <br /> commitment is attached hereto as Exhibit G-1. Within twenty(20)days following the recording <br /> of the Division 9 Binding Site Plan, Owner shall cause Title Company to provide the City with <br /> an updated preliminary commitment for the Owner's Title Policy("Transfer Lot 3 Title <br /> Commitment")for the Transfer Lot 3,which shall reflects additional exceptions and <br /> encumbrances created by the Division 9 Binding Site Plan, and no other modifications. Only <br /> those exceptions marked as "permitted"in such attached title commitment and any easements or <br /> encumbrances created in the Division 9 Binding Site Plan are"Permitted Exceptions"under <br /> this Amendment for Transfer Lot 3. <br /> 1.8 City's Conditions of Acceptance. In addition to the conditions provided in other <br /> provisions of this Amendment,the City's obligations under this Amendment are subject to, on or <br /> before the applicable Transfer Lot Closing Date, Owner's performance of the following <br /> conditions, each of which is for the sole benefit of the City and any or all of which may be <br /> waived by the City in writing at its sole option: <br /> (a) No Default. Owner shall not be in Default of any of its Owner <br /> Obligations under this Amendment. "Default"as used herein shall mean Owner has failed to <br /> 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 /> 13 <br /> 131047136.14 9n <br />