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operation of the Shea Project, shall be grounds for termination of this Agreement by Shea pursuant to Section 807. {}317 [Intentionally Omitted1 {}318 Condition of the Acquisition Parcels and the Shea Project Site If an Election to Proceed is made pursuant to Section 303(E) and an Election to Fund is made pursuant to Section 304, the Acquisition Parcels shall be conveyed to Shea in an "as is" condition, and, unless otherwise agreed upon pursuant to Section 303(D), Agency shall not be responsible under this Agreement for the cost of any items of site work nor for any condition whatsoever that may be discovered on the Shea Project Site at any time. Agency makes no representation whatsoever regarding the condition of the Acquisition Parcels or of the Shea Project Site or their suitability for the construction and operation of the Shea Project thereon. It has been or shall be the sole responsibility of Shea, at Shea's sole expense, to investigate and determine the soil and geologic conditions of the Shea Project Site (including the presence of toxic or hazardous materials) and the suitability and economic feasibility for the Shea Project Site for the construction of the Shea Project and the Shea Shared Infrastructure. If Shea makes an Election to Fund pursuant to Section 304, Shea shall have the option to take such action including, but not limited to, instituting any legal action against potentially culpable or responsible parties, as may be necessary to place the soil and geologic conditions of the Shea Project Site and Shea Shared Infrastructure in a condition suitable for the uses contemplated by the Project Approvals. §319 Preliminary Work by Shea Any preliminary work undertaken on any of the Acquisition Parcels by Shea following the Election to Fund and following acquisition by Agency of the Acquisition Parcels but prior to conveyance of title or delivery of possession of such parcels to Shea, shall be done only after written consent of Agency, which shall not be unreasonably withheld, and at the sole expense of Shea. Subject to Section 506 of this Agreement, Shea shall save and protect Agency against any claims resulting from such preliminary work, access or use, and execute such documents as are customarily required by Agency for entry onto property owned or possessed by Agency. The Executive Director is authorized to execute such documents for Shea's entry onto property owned or possessed by Agency without further action by Agency. Copies of data, surveys and tests so obtained or made by Shea shall be filed with Agency within fifteen (15) days after receipt by Shea. Any preliminary work by Shea shall be undertaken only after securing all necessary permits from the appropriate governmental agencies. §320 Remediation Agency agrees to assist Shea in the remediation of hazardous substances on, under and from the Shea Project Site by using its authority in Article 12.5 of Chapter 4 of Part 1 of the CRL. §321 Submission of Evidence of Equity Capital and Mortgage Financing If Shea finances the development of the Shea Project Site and related activities with mortgage financing, (i) such financing shall be subject to the approval of Agency, 18 we-21875