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Article 2. ASSEMBLY OF THE PROJECT SITE {}201 General Subject to Section 303, the parcels that comprise the Shea Project Site are to be assembled and title and right of possession thereto obtained by Shea, in the manner set forth in this article. Each parcel is identified hereinafter by letter and by the number of its respective preliminary title report ("Preliminary Report"). {}202 Participating Parcels Prior to the Effective Date of this Agreement, Shea has acquired an interest in the following parcels: APN Nos. 053-173-210 and 053-176-010 (the "Participating Parcels"). Agency shall have no financial responsibility whatsoever in connection with the acquisition of title and possession to the Participating Parcels by Shea flee of liens and taxes. {}203 Acquisition Parcels A. In addition to the Participating Parcels covered under Section 202, above, there are other parcels that comprise the Shea Project Site that Shea may ask Agency to acquire. Such parcels are listed and identified in Attachment 7 by letter designation and Preliminary Report numbers (each, an "Acquisition Parcel," and collectively, the "Acquisition Parcels"). B. Agency's conditional duty under this Agreement to acquire and convey the Acquisition Parcels to Shea extends only to the Acquisition Parcels as described in the Preliminary Reports. Shea acknowledges and agrees that Agency has no duty under this Agreement or otherwise to acquire or convey to Shea any land other than the Acquisition Parcels whether lying within the Shea Project Site or elsewhere. C. The parties acknowledge that if Shea enters into a purchase contract with an owner of an Acquisition Parcel prior to the Effective Date, then this Agreement shall be amended to change such Acquisition Parcel to a Participating Parcel and to state that the provisions herein applicable to the Acquisition Parcel shall not apply to such transferred Participating Parcel. Article 3. PROVISIONS RELATING TO ACQUISITION PARCELS §301 Sale and Purchase Subject to Sections 108(D), 201 and the Site Feasibility Assessment, and in accordance with and subject to all of the other terms, covenants and conditions of this Agreement, and provided Agency has adopted Resolution(s)of Necessity after due notice and hearing if any Acquisition Parcel is to be acquired by eminent domain, Agency will acquire such Acquisition Parcel, and sell and convey the Acquisition Parcel to Shea and Shea will purchase and accept the conveyance of the Acquisition Parcel from Agency. Subject to Section 505 and the other terms and conditions set forth in this Agreement, Shea agrees to diligently develop and build the Shea Project for the uses and subject to the terms and conditions of this Agreement. 6 we-21875