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JAH:djm 03/06/90R (REDEV) JAH:djm 03/19/90R JAH:djm 04/04/90R §314 Condition of the Acquisition Parcels and Project Site The Acquisition Parcels shall be conveyed from the Agency to the Developer in an "as is" condition. The Agency shall not be responsible under this Agreement for the cost of any items of site work nor for any condition whatever that may be discovered on the Project Site at any time. The Agency makes no representation whatever regarding the condition of the Acquisition Parcels or of the Project Site or the suitability of either for the construction and operation of the Project thereon. It has been the sole responsibility of the Developer, at the Developer's sole expense, to investigate and determine prior to the execution of this Agreement, the soil and geologic conditions of the Project Site (including the presence of toxic or hazardous waste) and the suitability of such soil and geologic conditions for the improvements to be constructed by the Developer. If the soil and geologic conditions are not in all respects entirely suitable for the use or uses to which the Project Site will be put, it shall be the sole responsibility and obligation of the Developer to take such action including, but not limited to, instituting any legal action against culpable parties, as may be necessary to place the soil and geologic conditions of the Project Site in a condition suitable for the development of the Project; provided that, under the circumstance described in subsection F. of Section 1007, the Developer shall have the right to terminate this Agreement, whereupon the rights and duties of the parties shall be as set forth in subsection C. of Section 1009. §315 Site Tests; Preliminary Work by the Developer Representatives of the Developer shall have the right of access to the Acquisition Parcels at all reasonable times consistent with the Agency's rights under Section 1245.010 of the Code of Civil Procedure, for the purpose of obtaining data and making surveys, soil and other tests necessary to carry out this Agreement. Any preliminary work undertaken on any of the Acquisition Parcels by the Developer after acquisition by the Agency but prior to conveyance of title or delivery of possession to the Developer, shall be done only after written consent of the Agency and at the sole expense of the Developer. The Developer shall save and protect the Agency against any claims resulting from such preliminary work, access or use, and execute such documents as are customarily required by the Agency for entry onto public property. The Executive Director is authorized to execute such documents for the Developer's entry onto public property without further action by the Agency. Copies of data, surveys and tests so obtained or made by the Developer shall be filed with the Agency within fifteen (15) days after receipt by the Developer. Any preliminary work by the Developer shall be undertaken only after securing all necessary permits from the appropriate 13