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Section 3.7. Title to City's Property. <br /> (a) As soon as reasonably practical after the date of this Agreement, the Developer <br /> shall obtain a commitment for the issuance of a policy of title insurance for the City's Property. <br /> The Developer shall have 20 days from the date of its receipt of such commitment and a current <br /> survey of the City's Property to review the state of title (including survey matters) to the City's <br /> Property and to provide the City with a list of written objections to such title (including survey <br /> matters). Upon receipt of the Developer's list of written objections, the City shall proceed in <br /> good faith and with all due diligence to attempt to cure the objections made by the Developer. <br /> Promptly after expiration of the Developer's 20-day review period, or after the date that any title <br /> or survey objections have been cured to the reasonable satisfaction of the Developer, the City <br /> and Developer shall proceed with the conveyance of the City's Property pursuant to Section 3.6 <br /> of this Agreement. In the event that the City has failed to cure objections within 60 days after its <br /> receipt of the Developer's list of such objections, the Developer may (i) by the giving of written <br /> notice to the City terminate this Agreement, upon the receipt of which this Agreement shall be <br /> null and void and neither Party shall have any liability hereunder, except for any obligations <br /> under Section 3.13, or (ii) waive any title objections and proceed to closing. The City shall have <br /> no obligation to take any action to clear defects in the title to the City's Property, other than the <br /> good faith efforts described above. <br /> (b) The City shall take no actions to encumber title to the City's Property between <br /> the date of this Agreement and the time the deed is delivered to the Developer. The City <br /> expressly agrees that it will not cause or permit the attachment of any mechanics, attorneys, or <br /> other liens to the City's Property prior to Closing. Upon Closing, the City is obligated to pay all <br /> costs to discharge any encumbrances to the City's Property attributable to actions of the City, its <br /> employees, officers, agents or consultants, including without limitation any architect, contractor <br /> and or engineer. <br /> (c) The Developer shall take no actions to encumber title to the City's Property <br /> between the date of this Agreement and the time the deed is delivered to the Developer. The <br /> Developer expressly agrees that it will not cause or permit the attachment of any mechanics, <br /> attorneys, or other liens to the City's Property prior to Closing. Notwithstanding termination of <br /> this Agreement prior to Closing, Developer is obligated to pay all costs to discharge any <br /> encumbrances to the City's Property attributable to actions of Developer, its employees, officers, <br /> agents or consultants, including without limitation any architect, contractor and or engineer. <br /> Section 3.8. Title to New Resources Property. <br /> (a) As soon as reasonably practical after the date of this Agreement, the City will <br /> obtain a commitment for the issuance of a policy of title insurance for the New Resources <br /> Property. The City shall have 20 days from the date of its receipt of such commitment and a <br /> current survey of the New Resources Property to review the state of title (including survey <br /> matters) to the New Resources Property and to provide the Developer with a list of written <br /> objections to such title (including survey matters). Upon receipt of the City's list of written <br /> objections, the Developer shall proceed in good faith and with all due diligence to attempt to <br /> cure the objections made by the City. Promptly after expiration of the City's 20-day review <br /> period, or after the date that any title or survey objections have been cured to the reasonable <br /> 11 <br /> 512017v5 JSB BL185-52 <br />