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discretion, it determines that (i) the Redeveloper has made reasonable efforts to acquire the property, (ii) the Redeveloper has offered what appears to be a fair price for the property based on an appraisal, (iii) the Redeveloper has agreed to provide the security set forth in Section 3.3 to cover acquisition and relocation costs, (iv) the conditions set forth in Section 3.4 have been met, and (v) the City determines that the requested acquisition will primarily serve a public purpose. Section 3.3. Security and Payment. (a) As security for Redeveloper's obligations to cover acquisition and relocation costs of City Parcels acquired by eminent domain, the Redeveloper shall deposit the following amounts with the City in the form of cash, letter of credit or other security acceptable to the City: (1) As a precondition to the City's obligation to undertake eminent domain proceedings, an initial deposit often percent (10%) of the City's estimate of the total acquisition costs for the Parcel, which shall include an estimate of market value and relocation benefits and assistance, attorney's fees and all other professional fees and services. (2) At least 10 days in advance of the due date for any damage award, any relocation benefit payment or any deposit required to be made into court in connection with the acquisition by condemnation (subject to the Redeveloper's right to elect not to proceed, as set forth in Section 3.6), the Redeveloper shall deposit an amount equal to one hundred percent (100%) of such award, payment or deposit, less the Redeveloper's initial deposit. (b) Transfer of the acquired Parcel to the Redeveloper will be scheduled promptly after acquisition of the Parcel by the City. At the closing, the Redeveloper either shall pay the condemnation costs and relocation costs, if any, incurred beyond the sums previously deposited by the Redeveloper or shall receive a refund if the final total acquisition costs are less than the Redeveloper's deposits. (c) If the amount of the award or relocation payment is appealed, the Redeveloper shall advance, at closing, one hundred ten percent (110%) of the amount of the Respondent's claim plus the City's estimated costs of defending the appeal, less the amount of deposits made by the Redeveloper. Section 3.4. Additional Conditions to City Obligation. The obligation of the City to make the deposit and obtain title to and possession of any Parcel is, unless waived in writing by the City, also subject to the following: (a) The Redeveloper is not in default of any provisions of this Agreement and all amounts due and payable as provided above in this Article have been paid. (b) The Redeveloper shall have examined the condition of title as such is to be acquired by the City and notified the City in writing that such condition of title is satisfactory or will be satisfactory upon the conclusion of eminent domain proceedings. 11