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q.�- ii8 <br /> Agcncy or Acquisition Parcels can be vested in Developer in accordance with the terms and <br /> provisions of this Ageement, and the Title Company is committed to issuing the ritle policy. <br /> The Agency and De.eloper shail each.deposit in Escrow such instruments as are , <br /> reasonabiy required bylhe Eecs+ow Agent or otherwise required W close the Escrow and <br /> consummate the purchase of all Af the Acquisidon Parcels in accordance with this Agreement. <br /> , _ , _ - - _-. _. . .. _ <br /> §402 Condttlons Precedent to Close of Escrow <br /> A. Conditions for ARencds Benefits. <br /> The following conditions, wlrich are intended to be for the benefit of Agency, shall have <br /> been fulfilled or waived by Agency in writing not later than thirty (30) days prior to the <br /> scheduled date for close oi Escraw. <br /> 1. Developer shall have advanced the Developer's Share of Acquisition Budget, in <br /> accordance with the Schedule of Performance and the temis of this Agreement. <br /> 2. Developer shall have furnished Agency with a�ue and complete copy of the <br /> fully-executed Cinema Lease, conforming to the requirements of Section 501. <br /> 3. City and Developer shall each have executed and delivered counterparts of the <br /> Maintenance Agteement (as defined in Section 519) as provided in Secrion 519. <br /> 4. City and Developer shall each have executed and delivered counterparts of the <br /> Parking Facilities Agreement as pmvided in Secrion 518. <br /> 5. Developer shall not be in Default under this Agreement and no event shall have <br /> occurred and no condition shall exist which, with the giving of notice or the passage of time, or <br /> both, would become a Default by Developer hereunder. <br /> 6. The parties have agreed upon the Pazking Facility Costs in accordance with <br /> Section 518. <br /> 7. The City and/or the Agency have deternuned an appropriate and feasible method <br /> of financing the Public Pazking Facility. <br /> B. Conditions for Developer's Benefit. <br /> The following conditions, which aze intended to be for the benefit of Developer, shall <br /> have been fulfilled or waived by Developer in writing not later than thirty (30) days prior to the <br /> scheduled date for close of Escrow. <br /> 1. Developer shall have approved the condition of title for the Agency and <br /> Acquisition Pazcels pursuant to Section 311. <br /> 2. The Project Approvals, and all other Agency or City discretionary approvals for <br /> the Project shall have been issued, all requirements of CEQA shall have been complied with, and <br /> 16 <br /> DOCSSFL648942.4 <br /> 9975-5 C 14 <br /> I20502 <br />