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JAH:djm 03/06/90R (REDEV) JAH:djm 03/19/90R JAH:djm 04/04/90R C. All occupants have been relocated from the property involved; D. The right of possession which the Developer acquires from the Agency is such that the Title Company will issue a policy or policies of title insurance which will enable the Developer to obtain financing for the development of the Project; and E. The Agency diligently proceeds with the eminent domain action until a final judgement is rendered, and the Agency forthwith deposits the Grant Deed or Grant Deeds to such property in the escrow provided in Article 4 hereof; then the Developer shall not terminate this Agreement under the provisions of Section 1007 but shall accept such right of possession and shall proceed with the development of the Project. The escrow provided in Article 4 with respect to the Acquisition Parcels shall remain open until the Grant Deed or Grant Deeds to the property involved can be deposited therein in accordance with this section. The parties agree that, where the reason the Title Company will not issue a policy or policies of title insurance under subsection D. of this section or the Agency cannot secure a final judgment in an eminent domain action under subsection E. of this section is (1) the insufficiency of the Letter of Credit (or Cash Deposit) or (2) the failure of the Developer to supplement the same as allowed in Section 304 or (3) the failure of the Developer to provide the Title Company appropriate indemnification, then the Agency will not be in Default under this Agreement and any termination of this Agreement shall fall under subsection C. of Section 1009. In the event that the requisite title or legal interest and possession to the real property covered by Sections 203, 204 and 205 of this Agreement (or the contractual right to acquire the same) are not held by the Developer on or before the date specified therefor in the Schedule of Performance, then the duty of the Agency to convey the Acquisition Parcels to the Developer on the date shown in the Schedule of Performance shall be held in abeyance, and the Agency and the Developer shall confer in good faith in an effort to achieve the purposes of this Agreement in another manner. §309 Form of Grant Deed or Grant Deeds The Agency shall convey title to the Acquisition Parcels to the Developer in the condition provided in Section 310 of this Agreement by grant deed or grant deeds in the form attached to this Agreement as Attachment No. 7 and incorporated herein by reference (the "Grant Deed" or "Grant Deeds"). 11