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q.�- i � 5 <br /> - Company apgropriate indemnification, then the Agency will not be in Default for failing W <br /> secure a 5nat judgment iaaa mrinent domain action under this Ageement and any termination <br /> of this Agreement by reason thereof shall fall under Sections 807, 808 or 809, as the case may <br /> be. - - _-- — ' <br /> §310 Form of Grant Deed or Grant Deeds <br /> The :Agency shall convey title to the Agency and Acquisition Parcels to Developer in the <br /> condition pmvided in Section 311 of t}ris Agroement by Grant Dced or Grant Deeds in the form <br /> attached to this Agreement as Attachment 5 hereto (the "Grant Deed" or "Crrant, Deeds'�. <br /> §311 Condition of Title <br /> De� :loper shall have caused First American Title Company (the "Title Compan�') to <br /> prepaze a P• �luninary Report with respect w the Agency Parcel and each Acquisition Parcel in <br /> connection with the policy or policies of title insurance w be issued puisuant to Secrion 312. <br /> Developer 'r; as been provided with a copy of each Preliminary Report and shall have approved <br /> the condiricn of ritle stated therein with respect to the Agency Parcel and each Acquisition <br /> Pazcel. <br /> The Agency shall convey or cause to be wnveyed to Developer fee title to the Agency <br /> and Acquisition Pazcels free and clear of all recorded liens, encumbrances, covenants, <br /> assessments, easements, leases and taxes, other than those exception to tifle that have been <br /> approved in writing by Developer (the "Permitted Exceptions"), wlrich approval will not be <br /> unreasonably withheld. All assessments and taxes shown on such Preluninary Reports that are <br /> Permitted Exceptions shall be sarisfied from the Letter of Credit (or Cash Deposit) at the time of <br /> acquisition by the Agency. <br /> §312 Tit1e Insurance <br /> Conciurently with recordarion of the Grant Deed or Grant Deeds conveying ritle to the <br /> Agency and Acquisition Parcels, the Title Company shall pmvide and deliver to Developer, <br /> ALTA title insurance policy(ies) issued by the Title Company insuring that the ritle to the <br /> Agency and Acquisition Pazcels is vested in Developer in the condition required by Section 311 <br /> of this Agreement together with such endorsements as aze required by Developer. The Title <br /> Company shall provide the Agency with a copy of the title insurance policy. <br /> Concurrently with the recording of the Grant Deed or Grant Deeds, the Title Company, if <br /> requested by Developer, shall provide Developer with an endorsement to insure the acnount of <br /> Developer's estimated development costs of the improvements to be constructed upon the <br /> applicable Agency and Acquisition Pazcels, including the costs of demolition, site clearing, <br /> grading, construction of buildings, and installation of infrastructure improvements ("Acquisition <br /> Development Costs"). <br /> §313 Taxes and Assessments <br /> Ad valorem taxes and assessments, if any, and taxes which may be levied, assessed or <br /> imposed upon Developer's exercise of any rights under this Agreement, shall be bome by <br /> Developer to the extent Developer is responsible for the payment thereof in accordance with the <br /> provisions of Section 510. <br /> 13 <br /> DOCSSF1:648942.4 <br /> 9975-5 C I4 <br /> 120502 <br />