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§605 Effect of Violation of the Terms and Provisions of this Article 6 After Completion of Construction Agency is deemed the beneficiary of the terms and provisions o£this Article 6 and of thc covenants running with the land for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Article 6 and the covenants running with thc land have been provided. This Article 6 and the covenants contained herein shall run in favor of Agency without regard to whether Agency has been, remains or is an owner of any land or interest therein in thc Shea Project Site or thc Project Area. Agency shall have thc right, if thc covenants of this Article 6 arc breached, after notice to Shca, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce thc curing of such breaches to which it or any other beneficiaries of this Article 6 and thc covenants contained herein may bc entitled. Notwithstanding any provision herein to thc contrary, upon the sale or other transfer of any portion of the Projcct Phase after issuance of a Certificate of Completion for that Project Phase, Shea shall be released from and have no further responsibility for the performance or failure to perform any of the requirements of this Article 6 occurring subsequent to such sale or transfer with respect to the portion sold or transferred. Article 7. SItEA AND AGENCY CONTRIBUTIONS §701 In General Subject to the provisions otherwise contained herein, as between Agency and Shea, Shea shall be responsible for all expenses of the Shea Project of every kind and nature to the extent provided for herein, including, but not limited to, land acquisition, relocation, site clearance and preparation, engineering, construction, governmental approvals and CEQA compliance, and Agency shall have the duty to make only the contributions set forth in this Article 7. Notwithstanding the foregoing, Shea shall not be obligated to fund any Total Acquisition Costs if it does not deliver its Election to Proceed pursuant to Section 303(E) or its Election to Fund pursuant to Section 304 or if it exemises its right to terminate this Agreement in accordance with Article 8. Nothing in this section shall be construed as a waiver by Shea to pursue its right to recover costs against Agency to the extent provided for herein or anyone other than Agency as may be permitted in law or equity. §702 Agency Advances Agency shall contribute, without the right to reimbursement, the cost of its consultants, attorneys, officers and employees (including its own internal costs and expenses incurred in complying with this Agreement) expended both prior to and after the execution of this Agreement, except with respect to the cost of its consultants and attorneys to engage in and perform the activities reasonably required to satisfy Agency's obligations to acquire the Acquisition Parcels as specifically set forth in Article 3 for which Shea shall retain sole responsibility. 33 wc-21875