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Agency or Acquisition Parcels can be vested in Developer in accordance with the terms and <br /> provisions of this Agreement, and the Title Company is committed to issuing the title policy. <br /> <br /> The Agency and Developer shall each deposit in Escrow such instruments as are <br /> reasonably required by the Escrow Agent or otherwise required to close the Escrow and <br /> consummate the purchase of all of the Acquisition Parcels in accordance with this Agreement. <br /> <br /> §402 Conditions Precedent to Close of Escrow <br /> <br /> A. Conditions for Agency's Benefits. <br /> <br /> The following conditions, which 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 of Escrow. <br /> <br /> 1. Developer shall have advanced the Developer's Share of Acquisition Budget, in <br /> accordance with the Schedule of Performance and the terms of this Agreement. <br /> <br /> 2. Developer shall have furnished Agency with a true and complete copy of the <br /> fully-executed Cinema Lease, conforming to the requirements of Section 501. <br /> <br /> 3. City and Developer shall each have executed and delivered counterparts of the <br /> Maintenance Agreement (as defined in Section 519) as provided in Section 519. <br /> <br /> 4. City and Developer shall each have executed and delivered counterparts of the <br /> Parking Facilities Agreement as provided in Section 518. <br /> <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 /> <br /> 6. The parties have agreed upon the Parking Facility Costs in accordance with <br />Section 518. <br /> <br /> 7. The City and/or the Agency have determined an appropriate and feasible method <br />of financing the Public Parking Facility. <br /> <br /> B. Conditions for Developer's Benefit. <br /> <br /> The following conditions, which are 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 /> <br /> 1. Developer shall have approved the condition of title for the Agency and <br />Acquisition Parcels pursuant to Section 311. <br /> <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 /> <br /> 16 <br />DOCSSF1:648942.4 <br />9975-5 CI4 <br />120502 <br /> <br /> <br />