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matter acceptable to the City. Within thirty (30) calendar days after receipt of any Notice from <br /> the City stating ihat a submitted matter is not acceptable to the City, the Developer shall <br /> appropriately revise any matter disapproved by the City in a manner intended in good faith to <br /> obtain the City's approval of such matter and re-submit such matter to the City for approval. The <br /> process applicable to the City's consideration of the initial submittal of any matter shall apply to <br /> any re-submittal of such matter, following its disapproval by the City. If the City fails to Notify <br /> the Developer that it does not approve of any submitted matter within the requisite thirty (30) <br /> calendar day period,then such matter shall be deemed approved by the City. <br /> ARTICLE 3 <br /> JOINT ESCROW INSTRUCTIONS <br /> 3.1 Opening of Escrow. The City and the Developer shall cause the Escrow to be <br /> opened within five (5) days following the Effective Date of this Agreement. The Escrow Agent <br /> shall promptly conf'irm the Escrow Opening Date in writing to each of the Parties. The Escrow <br /> Closing Date shall be on or before the later of (i) December 6, 2013, or (ii) the date which is <br /> fifteen (15) days after the satisfaction of each of the conditions to Developer's and City's <br /> obligation to close escrow set forth in Sections 3.3 and 3.4, respectively, unless the Escrow <br /> Closing Date is extended as provided in this Agreement; provided,however, that at the option of <br /> Developer, the Close of Escrow may occur earlier than the date established pursuant to the <br /> preceding sentence if each of the following conditions are true (i) Developer shall have(a) given <br /> City not less than fifteen (15) days prior written notice of such earlier date for CIose of Escrow, <br /> and (b) determined and conf'urned to City in writing accompanying such notice that the <br /> ' conditions precedent to its obligations set forth in Section 3.3 have either been satisfied or <br /> , waived by Developer, and (ii) City shall have confamed to Developer in writing on or before <br /> such earlier date that the conditions precedent to its obligations set forth in Section 3.4 have been <br /> satisfied or waived by City. This ARTICLE 3 shall constitute the joint escrow instructions of <br /> the City and the Developer to the Escrow Agent for conducting of the Escrow. <br /> 3.2 Escrow Agent Authority. The City and the Developer authorize the Escrow <br /> Agent to: <br /> , 3.2.1 Char�e. Pay and charge the City and the Developer for their <br /> : respective shares of the applicable fees, charges and costs payable by either the City or the <br /> Developer regarding the Escrow; <br /> 3.2.2 SettlemendClosin� Statements. Release each Party's Escrow <br /> settlement/closing statement to the othez Party; and <br /> 3.2.3 Document Recordin�. Record any instruments delivered for recording <br /> through the Escrow in the official records of the Recorder of the County, pursuant to the joint <br /> instructions of the Parties. <br /> 3.3 Developer's Conditions to Close of Escrow. Provided that the failure of any <br /> such condition to be satisfied is not due to a Default under this Agreement by the Developer, the <br /> Developer's obligation to purchase tlie City Property from the City on the Escrow Closing Date <br /> 21 <br /> 2013.118/BLOCK 2 HUNTER STORM <br /> REV:07-26-13 PT <br />