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abandoning its obligations under this Agreement or in any action or proceeding initiated by a party other than Agency seeking to set aside its abandonment of such obligations, which costs shall include, without limitation, any fees, penalties or damages which are., awarded against Agency, but excluding fees, penalties, and damages awarded which may be attributable to the fault of Agency or may result from any claim that arises subsequent to the Election to Fund where Agency or City or their respective governing bodies, members, officers, employees, agents or independem contractors bear responsibility directly or indirectly, for (1) the presence of hazardous materials on the Shea Project Site or the location of the Shea Shared Infrastructure which have migrated from, or are associated with, a source of hazardous materials contamination located outside of the Shea Project Site and the location of the Shea Shared Infrastructure or, (2) any injuries to, or death of any person or persons, or damage to any property resulting from the presence on the Shea Project Site of the hazardous materials referenced in (1) above. §309 Acquisition by Agency A. Agency's Acquisition by Negotiation. In accordance with the Schedule of Performance and Section 303(C), Agency shall select an appraiser, obtain Appraisals of the Acquisition Parcels and submit written offers accompanied by a statement of the basis for the amount that Agency has established as just compensation to acquire the Acquisition Parcels. The proposed price contained in any Agency offer or counter-offer to purchase shall be subject to Shea's reasonable approval, but in no event shall the offer be less than the appraised fair market value for such property. At the time Agency's written offers are accepted by the property owners of the Acquisition Parcels, the Executive Director shall accompany his calls upon the Letters of Credit or Cash Deposit with his certification to the issuer(s) of the Letters of Credit (or to the depository of the Cash Deposit), with a copy to Shea, to the effect that the Executive Director has complied with the requirements of this Section 309(A). The issuer(s) of the Letters of Credit (or depository of the Cash Deposit) shall honor all calls upon the Letters of Credit or Cash Deposit within five (5) business days of presentment by the Executive Director, unless Shea, within such five (5) business day period notifies Agency and the issuer of the Letter of Credit of its intent to substitute cash in-lieu of Agency's call upon the Letters of Credit ("Cash Substitution"). In the event Shea does not notify Agency and the issuer of the Letter of Credit within such five (5) business day period, Shea will be deemed to elect not to use the Cash Substitution and Agency may immediately draw on the Letter of Credit. In the event Shea elects the Cash Substitution, Shea shall make a cash payment to Agency within seven (7) days and the Letters of Credit shall be reduced correspondingly by the amount of the Cash Substitution. In the event Shea has not paid the Cash Substitution within such seven (7) day period, Agency may call upon the Letters of Credit. Shea shall deposit in an interest-bearing bank account or trust company mutually acceptable to Shea and Agency, held in the name of Agency, a Cash Deposit in the amount of Twenty Thousand Dollars ($20,000) which shall be available to the Agency to fund Acquisition Budget expenses not exceeding Twenty Thousand Dollars each ($20,000) (the "Revolving Fund"). In lieu of calling upon the Letters of Credit or using the Cash Substitution, Agency may withdraw amounts from the Revolving Fund up to Twenty Thousand Dollars ($20,000) each, solely for payment of expenses related to 13 wc-21875