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Project Site, the amount of such expenses shall be added to <br />and evidenced by the principal amount of the Promissory Note. <br />The Promissory Note shall be non-recourse to the Agency, <br />and the Developer shall look for payment thereof only to the <br />applicable parcel, and to Sales and Use Taxes and Tax <br />Increment received by the Agency from such parcel, as set <br />forth in Section 1009." <br />(i) Section 308. Section 308 of the DDA is hereby <br />amended to read in its entirety as follows: <br />§308 Convevance of Title and Delivery of Possession. <br />Conveyance to the Developer of title to the Acquisition <br />Parcels or delivery of possession thereof in accordance with <br />subsections A through E of this section, shall be completed on <br />or prior to the date specified in the Schedule of Performance, <br />provided that such schedule shall be subject to revision from <br />time to time as mutually agreed upon in writing between the <br />Developer and the Agency. The Agency and the Developer agree <br />to perform all acts necessary for the timely conveyance of <br />title and delivery of possession under this Agreement. <br />Developer shall not be required to accept title to any of the <br />Acquisition Parcels until the Agency has either acquired fee <br />title to all of the Acquisition Parcels or has commenced <br />eminent domain proceedings and has obtained a judicial order <br />to take possession of those Acquisition Parcels which it has <br />been unable to acquire by purchase, provided that prior to <br />such time the Developer shall have the option to take title to <br />or possession of any Acquisition Parcel designated by the <br />Developer to which the Agency has acquired such title or <br />possession. <br />Possession shall be delivered to the Developer not later <br />than the conveyance of title. Limited access will be <br />permitted before conveyance of title as permitted in Section <br />315 of this Agreement. Except as otherwise provided in this <br />Section 308 and in Section 309, the Developer shall accept <br />title and possession on or before the date established in the <br />Schedule of Performance. <br />Notwithstanding the provisions of this Agreement <br />requiring the Agency to acquire title prior to the time set <br />for conveyance in the Schedule of Performance and to deposit <br />the Grant Deed or Grant Deeds in escrow prior to such time, <br />if, at or prior to the time set forth in the Schedule of <br />Performance for conveyance of the Acquisition Parcels, the <br />Agency has not obtained title to one or more Acquisition <br />Parcels but has obtained a judicial order authorizing the <br />Agency to take possession thereof and: <br />6 <br />6407L <br />