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Parcels but has obtained a judicial order authorizing Agency to take possession thereof ("Order for Possession") and: A. Agency delivers a copy of the Order for Possession to the Escrow Agent; B. Agency delivers exclusive possession o f the property involved to Shea pursuant to a written lease or other document reasonably approved by Agency and Shea as a means of effectuating this Agreement, on or prior to the time set for conveyance thereof; C. AIl occupants have been relocated from the portions of the Acquisition Parcels involved; D. The right of possession which Shea acquires from Agency is such that the Title Company will issue a policy or pg.licies of title insurance which will enable Shea to obtain financing for the development of the Shea Project Site; and E. Agency diligently proceeds with the eminent domain action until a final judgment is rendered, and Agency forthwith deposits the Grant Deed or Grant Deeds to such property in the escrow provided in Article 4. hereof; then Agency shall not be in Default and, provided Shea has given Agency its prior written approval, which approval shall not be unreasonably withheld, of the Order of Possession, Shea shall accept such right of possession and shall proceed with development of the Shea Project Site in accordance with the Schedule of Performance or as otherwise set forth in this Agreement. The escrow provided in Article 4 with respect to the Acquisition Parcels, or portions thereof, shall remain open until the Grant Deed or Grant Deeds to such property can be recorded therein in accordance with this section. The parties agree that, where the reason the Title Company will not issue a policy or policies of title insurance under Section 311 (D) or Agency cannot secure a final judgment in an eminent domain action under Section 31 I(E) is (1) the insufficiency of the Letters of Credit (or Cash Deposit), or (2) the failure of Shea and/or Agency to supplement the same as allowed in Section 307 or (3) the failure of Shea to provide Agency Shea's monetary commitment in an amount sufficient to enable Agency to furnish the Title Company appropriate indemnification, then Agency will not be in Default, for failing to secure a final judgment in an eminent domain action under this Agreement and any termination of this Agreement by reason thereof shall fall under Sections 807, 808 or 809, as the case may be. If the requisite title or legal interest and possession of the Participating Parcels are not held by Shea on or before the date specified therefor in the Schedule of Performance, then the duty of Agency to convey the Acquisition Parcels to-Shea on the date shown in the Schedule of Performance shall be held in abeyance, and Agency and Shea shall confer in good faith in an effort to achieve the purposes of this Agreement in another manner. §312 Form of Grant Deed or Grant Deeds Agency shall convey title to thc Acquisition Parcels to Shea in the condition provided in Section 313 of this Agreement by Grant Deed or Grant Deeds in the form 16 wc-21875