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A. The Agency delivers a copy of the order to the Escrow Agent; B. The Agency delivers exclusive possession of the property involved to the Developer, prepares and executes a Grant Deed or Grant Deeds for such parcels notwithstanding the fact that a final order of condemnation has not yet been issued by the court on or prior to the time set for conveyance thereof, and forthwith deposits such Grant Deed or Grant Deeds in the escrow provided in Article 4 hereof under instructions to record such Grant Deed or Grant Deeds upon the Agency's acquisition of the applicable parcel; C. All occupants have been relocated from the property involved; D. The interest 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 judgment is rendered; then the Developer shall not terminate this Agreement under the provisions of Section 1007 but shall accept such title and right of possession, or the Agency's tender thereof, and shall proceed with the development of the Project. 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 Agency the Developer's monetary commitment in an amount sufficient to enable the Agency to furnish 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 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 7 6407L