Common use of Developer Conditions Clause in Contracts

Developer Conditions. The obligations of Developer with respect to proceeding with the Closing shall be subject to the satisfaction or waiver in writing of the following on or before the Closing Date, or within such period as is specified in this Section: (a) Title/Survey. Developer, at its expense, shall have: (i) obtained a title commitment and a survey relative to the Town Property; and (ii) determined that neither the title commitment nor the survey reflect any conditions or defects disclosed in the title commitment or the survey that, in the reasonable determination of Developer, materially and adversely will interfere with the construction and/or use of the Project (the “Title Defects”), other than those Title Defects that will be cured or removed at or before the Closing.