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RJV-184370v2 <br />MU210-48 6 <br />in writing under the terms and conditions established by the City in its sole <br />discretion. <br /> <br />(b) Soil Conditions and Hazardous Wastes—Parcel B. The Developer represents and <br />warrants that Parcel B is free of pollutants, contaminants or hazardous waste. The <br />Developer will indemnify and hold City harmless in accordance with Section 7.1, <br />in relation to any claims or demands arising out of the presence or alleged <br />presence of any such pollutants, contaminants or hazardous waste. <br /> <br />Section 3.6. Title. <br /> <br /> (a) Within fifteen (15) days after the execution of this Agreement by both parties or <br />such other time period as may be specified in this Article, Developer shall, at its <br />sole cost: <br /> <br /> (i) Cause to be delivered to the City an abstract of title for Parcel B (or a <br />Certificate of Title, owner’s duplicate, if title to Parcel B, or a portion thereof, is <br />registered) from a title insurance company (the “Title Insurer”) acceptable to the <br />City certified to date to include proper searches covering bankruptcies, tax liens <br />and state and federal court judgments and liens; or <br /> <br /> (ii) Cause to be issued and delivered to the City an ALTA Form 1970 <br />commitment for an Owner's title insurance policy (the "Commitment") issued by a <br />title insurance company (the “Title Insurer”) acceptable to the City pursuant to <br />which the Title Insurer agrees to issue to the City upon the recording of the <br />documents of conveyance referred to herein an ALTA Form 1970 Owner's title <br />insurance policy in the full amount of the cost of Improvements (estimated at <br />$__________), subject to standard exceptions. The Commitment shall include <br />proper searches covering bankruptcies, state and federal judgments and liens and <br />levied and pending special assessments and shall be accompanied by copies of all <br />recorded documents presently affecting Parcel B. <br /> <br /> (b) The evidence of title or title commitment required by Section 3.6(a) above is <br />referred to herein as the “Title Evidence.” The Developer shall not be required to <br />deliver any further evidence of title. The City shall make written objections to <br />title by written statement delivered to the Developer within fifteen (15) days after <br />receipt of the Title Evidence. No objection to title shall be made based upon this <br />Agreement, or other documents to be executed and delivered pursuant hereto, or <br />any matters contemplated herein, and no objection to title shall be based on the <br />existence of, or a failure to acquire or remove, a Permitted Encumbrance. Any <br />objections not contained in said statement delivered within said fifteen (15) days <br />shall be deemed waived. At the time of delivery of the Quit Claim Deed, the <br />Developer shall deliver, or cause to be delivered, evidence of satisfaction or <br />correction of those proper objections which have been duly and timely made and <br />which it has been able satisfy or correct. The Developer shall, at its sole cost and <br />expense, pay for any and all premiums for title insurance policies desired by the <br />City.