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(f) Section 304. The fifth paragraph of Section 304 of the DDA is hereby amended to read in its entirety as follows: "The procedure described in the third paragraph of this section also will provide that (i) if either party in its reasonable good faith opinion, forecasts that there will be insufficient funds to complete the acquisition of all Acquisition Parcels with the balance remaining in the Letter of Credit (or Cash Deposit), such party may, by written notice to the other, terminate this Agreement under Section 1007E or 1008I, as appropriate, and demand that monies remaining in the Letter of Credit (or Cash Deposit) be retained and used to pay only for abandonment costs as defined in Section 303; (ii) if the owner of any Contaminated Parcel rejects the Agency's offer, the parties shall meet and confer in good faith to determine the appropriate action with respect to such Contaminated Parcel, provided that in no event shall the Agency, by acquisition or otherwise, take any action which would subject the Developer to any liability with respect to any toxic or hazardous conditions on a Contaminated Parcel without Developer's prior written consent, and provided further that if the applicable Contaminated Parcel is Parcel I, such parcel shall be removed from the definition of the Project Site; (iii) in the event either of the owners of Parcels A or K rejects the Agency's offer, and the Agency and the Developer fail to reach agreement on the appropriate action after conferring pursuant to (ii) above for a period of no less than ninety (90) days, the Agency may elect, by so notifying the Developer in writing, to remove such parcel from the definition of the Project Site and from the definition of Acquisition Parcels (a "Terminated Parcel"), and to clean up any or all such Terminated Parcels at the Agency's sole cost and liability as to such parcels. Upon the determination by the Federal, state, or local governmental agencies with jurisdiction over such matters that any such parcel has been remediated or cleaned up, the Agency shall have the right to develop or cause the development of such parcel or parcels, alone or in conjunction with any parcel adjoining but outside the Project Site, the Agency's sole duty to the Developer and the tenants of Developer being to assure that the design and use thereof are reasonably compatible with the Project and do not compete with any use therein as to which the Developer has granted an exclusive use to any of its tenants, and the Agency hereby agrees to notify the Developer in writing prior to offering any Terminated Parcel for sale. Should the Agency not make the foregoing election, the Developer shall have the right to remove any or all Contaminated Parcels then still not remediated or cleaned up, from the definition of the Project Site; and (iv) if following an eminent domain action to acquire an Acquisition Parcel, the price awarded in such 0 6407L