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4 � <br /> 2 . The Developer shall have received approval from <br /> the Agency the funding and financing commitments as set forth in <br /> Section 2 . 02 (c) (1) , above, regarding the Public Assistance, and the <br /> proceeds thereof shall be available to the Developer under the <br /> disbursement requirements of said documents . � <br /> 3 . The Developer shall have received final <br /> approval of any required general or special plan amendment, changes <br /> in zoning, variances, special use permits, site plan approvals, <br /> environmental approvals, or other approvals under applicable law <br /> as are required for the Developer' s intended use of the Property as <br /> described in this Agreement (the "Intended Use") . For the purposes <br /> of this Agreement, "final approval" shall mean approval by the <br /> applicable governmental agency authorized to grant such approval <br /> and expiration of any and all appeal or challenge periods with <br /> respect to any such appro�al without any appeal being taken or <br /> judicial challenge to such approval being filed or threatened, such <br /> approval being subject to such conditions as are reasonably <br /> acceptable to the Developer. <br /> 4 . The Agency must have approved the Preliminary <br /> Title Report . <br /> b. The Developer' s obligation to purchase the Property � <br /> from the Agency and the Close of Escrow shall be expressly <br /> conditioned upon satisfaction of or waiver by the Developer of each <br /> of the following: <br /> 1 . The Developer shall have received final <br /> approval of any required general or special plan amendment, changes <br /> in zoning, variances, special use permits, site plan approvals, <br /> environmental approvals or other approvals under applicable law as <br /> are required for the Intended Use. <br /> 2 . The results of any inspection, soil tests, <br /> drainage tests, survey, topographical analysis, engineer:ing and/or <br /> architectural drawings undertaken by the Developer, if any (all to <br /> be performed at Developer' s expense� , of the Pro�perty do not <br /> disclose that the Property is unsuitable for the Intended Use. The <br /> Agency shall use its best efforts to obtain for Developer, its <br /> employees and agents, a license for access over and through the <br /> ; ; Property for the purposes of conducting any of the foregoing tests, <br /> � j inspections or surveys, provi de d t he Deve loper s ha l l hold the <br /> ' Agency harmless from any liability, damage or expense which either <br /> ! ' may incur by reason thereof. As of the date of this Agreement, the <br /> Agency is unaware of any reports that would indicate that the <br /> Property is unsuitable for the Intended Use. <br /> REDW\0006\DOC\013-6 <br /> 9 3/08/05 mvc <br />