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action for the applicable Acquisition Parcel exceeds the balance remaining in the Letter of Credit (or Cash Deposit), or the Developer, in its reasonable good faith opinion, forecasts that the price awarded for any such Acquisition Parcel will cause the balance remaining in the Letter of Credit (or Cash Deposit) to become insufficient to complete the acquisition of all other Acquisition Parcels, the parties shall meet and confer in good faith to determine the appropriate action with respect to such individual Acquisition Parcel, provided that in no event shall Developer be obligated to acquire or pay for such Acquisition Parcel at the awarded price, and provided further that if no agreement can be reached, either party may elect to remove such Acquisition Parcel from the definition of the Project Site. Developer shall remain obligated to acquire all Acquisition Parcels, including without limitation the Contaminated Parcels (except any Terminated Parcel), and the Agency shall remain obligated to obtain title thereto for Developer's benefit, but only if such acquisition can be accomplished consistent with the approved budget for such parcel and the Project as a whole, and pending such acquisition the Agency shall use its best efforts in good faith to create with the Developer an acceptable plan to construct and operate the remainder of the Project. During any period when an Acquisition Parcel can not be acquired as a result of (ii) or (iv) above, this Agreement shall not terminate, and the Letter of Credit (or Cash Deposit) shall be used to pay for any abandonment costs as defined in Section 303." (g) Section 304. Section 304 of the DDA is hereby amended to add the following paragraph to the end thereof: "In the event the total cost of toxic waste cleanup of the Project Site exceeds or is reasonably forecast, in Developer's good faith judgment, to exceed $1,309,599, the parties shall meet and confer in good faith prior to Developer's exercising its right of termination pursuant to Section 1007F. If Developer elects not to terminate this DDA, each of the Agency and the Developer shall be responsible for and obligated to pay one-half (1/2) of such excess costs, and the costs for which the Agency is responsible shall not be deemed to be Acquisition Costs hereunder." (h) Seri-ion_305. Section 305 of the DDA is hereby amended to add the following paragraphs at the end thereof: "Notwithstanding anything herein, in the event Developer of its obligations pursuant to of or in connection with toxic 6407L to the contrary contained incurs any expenses arising out Section 506 hereof arising out or hazardous materials on the 19