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City Dr�ft <br /> 6I28113 <br /> expressly and specifically set forth in this Agreement. The City hereby expressly and <br /> specif cally disclaims any express or ixnplied warranties regarding the City Property, except as <br /> expressly set forth in this Agreement. <br /> 2.5 Work Product. If City terminates this Agreement due to default of Developer, <br /> without the Developer acquiarix�g the City Property, the De�•eloper sha11 deliver or cause to be <br /> delivered to the City, within twenty{20) days after the City's written request and at no cost to the <br /> City, all Work Product. City understands and acknowledges that Developer shall deliver the <br /> Work Product to the City, pursuant to this Section 2.5, without representation ar warranty of any <br /> kind. The Developer sha�l take such actions and make such payments as may be necessary to <br /> preclude any claim against the City or the City Property for any sums awing regarding the Work <br /> Product. The Developer shall defezid, indemnify and hald the City harmless from a11 Claims <br /> associated with any actual or alIeged failure of the Developer to pay any arnount regarding any <br /> Work Product. The Work Product sha11 be deemed assigned to the City,without the execution af <br /> any additional doc�unents, upon a termination o�t12is Agreement for any reason. However, the <br /> Developer sha12, if requested by the City, execute such other documents as the City reasonably <br /> requests,to further document the assignment of the Work Product to the City. <br /> 2.6 City Pre-Closing Document Approval. <br /> 2.6.1 Developer Delivery of Documents. The Developer shall deliver alt of <br /> the fol�owing described documents to the City, at Ieast, forty-five (45) calendar days prior to the <br /> Escrow Closing Date: <br /> (a) All Insurance Docuxnents; <br /> {b) The Loan Documents (if applicable); <br /> (c) The Construction Contract; <br /> (d} Any covenants, conditions or restrictions praposed for the Site; <br /> and <br /> {e) Evidence of the Developer's Ec�uity In�estment. <br /> 2.6.2 Citv Annroval. Within thirty(30) calendar days after the City receives <br /> any item required to be delivered ta the City by the Developer pursuant to Section 2.b.1,the City <br /> shall Notify the Developer whether or not such submitted matter is reasonably acceptable to the <br /> City. Any Notice from the City stating that a particular submitted matter is not acceptable to the <br /> City shall alsa state the actions that the City reasonably believes are required to rnake such <br /> rnatter acceptable to the City. Within thirty (30} calendar days after receipt of any Notice from <br /> the City stating that a submitted matter is not acceptable to the City, the Developer shall <br /> appropriately revise any matter disapproved by the City in a manuer intended in good faith to <br /> obtain the City's approval of such matter and re-subznit such matter to the City for approval. The <br /> process applicab�e to the City's consideration of the initial su�mittal of any matter shall apply to <br /> any re-submittai of such matter, following i�s disapprovai by the City. If the City fails to Notify <br /> the Developer tJaat it does not approve of any submitted matter within the requisite thirty (30) <br /> calendar day period,then such matter shall be deemed to be not approved by the City. <br /> 824$3.D000417571312.10 20 <br />