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1 <br /> (b) Developer shall pay: <br /> (i) That portion of the premium for the Title Policy <br /> attributable to extended coverage and the Survey required in <br /> connection therewith and such title endorsements as may be <br /> requested by Developer; <br /> (ii) All recording costs for Developer's financing documents, <br /> if any; and <br /> (iv) One-half of the Closing Agent's fees and charges for <br /> escrow services. <br /> 6.7 Closing Statements. The pro-rations shall be on the basis of a written <br /> closing statement submitted by the Closing Agent to Developer and City prior to the <br /> Closing Date and approved by Developer and City, which approval shall not <br /> unreasonably be withheld. In the event any pro-rations or•apportionments made <br /> hereunder shall prove to be incorrect for any reason,then either party shall be entitled to <br /> an adjustment to correct the same. Any item which cannot be prorated because of the <br /> unavailability of information shall.be tentatively prorated on the basis of the best data <br /> then available and the parties will make any necessary adjustments as soon as the <br /> necessary information is available. <br /> 6.8 Escrow Instructions and Recording Order. This Agreement is intended by <br /> the parties to set forth the escrow instructions to Title Company. The Closing Agent shall <br /> record documents in the following sequence, without any intervening document: (1)the <br /> Deed; (2)the Use Restriction Covenant; (3)the Project Construction Covenant; (4) any <br /> other documents related to the closing hereunder in an order determined by.Developer. <br /> City and Developer may execute and deliver to Title Company any additional instructions <br /> as either party deems necessary or convenient to implement the terms of this Agreement <br /> and to close the transactions contemplated hereby; provided that any such additional <br /> instructions are not inconsistent herewith and shall not in any way modify, amend or <br /> supersede this Agreement. <br /> 6.9 Non-Subordination. Developer acknowledges that Developer's intended <br /> project for the Property is the inducement for City to transfer the Property to Developer. <br /> Notwithstanding any provision to the contrary in this Agreement, the City has no <br /> obligation to close under this Agreement unless the escrow instructions for closing <br /> hereunder provide that the Project Construction Covenant and Use Restriction Covenant <br /> will be recorded immediately after the Deed without any intervening document. For <br /> purposes of clarification, this expressly includes without limitation that the Project <br /> Construction Covenant and Use Restriction Covenant must be recorded prior to any deed <br /> 8 <br /> 88 <br />