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2 <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 13(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(al. <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 ibit D, including without limitation insurance against adverse <br /> possession claims. For the purposes of clarity, an encroachment is never a Permitted Exception. <br /> (b) Slopes. <br /> (1) Transfer Lot Group. For a period of three(3)years after the <br /> Transfer Lot Group Closing Date,Owner expressly warrants the surface and <br /> subsurface stability of all slopes on each lot in the Transfer Lot Group. Owner <br /> shall provide reasonable maintenance of the slopes of each lot in said Transfer Lot <br /> Group for the duration of this three(3)-year warranty period,which shall include <br /> repair of sloughing or slope failures. Owner is responsible for slope failures on <br /> 14 <br />