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Association's written statement under Section SA(a) hereof. Such amount will be released by the <br />City to Title to disburse upon the Association's performance to the City's satisfaction of all the <br />conditions of paragraphs (a) through (c) of this Section and review and approval by the City <br />Building Inspector of punchlist work and any work needed to correct defects in completed work on <br />the Housing Improvements. The City will have no obligation to issue the City's Certificate of <br />Completion under Section 4.3 of the Development Agreement until all conditions are met for final <br />the disbursement under this Agreement. <br />6. Title to Notifv Citv; Transfer of Funds to Title's Account. Not later than five (5) <br />business days following receipt of the documents or other performance delivered to it pursuant to <br />Paragraph 5, Title will notify the City and the Association orally or in writing (i) whether the <br />delivered documents and performance are satisfactory to it and (ii) whether it has received lien <br />waivers from the Contractor and all subcontractors who should have been paid by it from the <br />proceeds of the disbursement made in response to the previous Request for Payment. If waivers are <br />missing, Title will promptly advise City and Association in reasonable detail, of the deficiency or <br />missing lien waivers, as the case may be. If such deficiency is corrected to the satisfaction of Title, <br />or if missing lien waivers are furnished to Title, or if the City is initially notified by Title that the <br />documents delivered to it are satisfactory and that such lien waivers have been delivered to it, then <br />City will (on the requested date of disbursement) transmit to Title the amount of the disbursement <br />applied for the relevant Request for Payment, or so much thereof as City may approve, less a <br />retainage of five percent, by transfer of such funds to Title for deposit in Title's bank Account No. <br />397 034 0253 maintained with Wells Fargo Bank. <br />7. Pavments bv Title. Upon receiving the funds transmitted by City pursuant to <br />Paragraph 6, Title will pay the Contractor, each Subcontractor and all other persons identified in the <br />relevant Request for Payment. If, for any reason any of said funds on deposit in Title's account are <br />not disbursed by Title by the close of business on the fifth (Sth) business day following credit of <br />funds to its account, Title will forthwith remit to the City in immediately available funds, the amount <br />of the funds in such account that were not disbursed. Title shall not be liable to City or the <br />Association for interest on the funds deposited with it. <br />8. Books and Records Title will keep and maintain, at all times, full, true and accurate <br />books and records, in sufficient detail to reflect the disbursements made by it hereunder. The City <br />and the Association may, during normal business hours, examine all books and records of Title <br />pertaining to the disbursements made by it hereunder and make extracts therefrom and copies <br />thereof. <br />9. Disbursements to Subcontractors. All disbursements for construction items may be <br />made to the Association's Contractor (who it is expected will thereafter promptly pay subcontractors <br />for the work or amounts listed in the draw request) or may be made directly to the Subcontractors, in <br />the discretion of Title. <br />10. Liabilitv of Title. The functions and duties assumed by Title include only those <br />4 <br />1 a�o6�ers <br />