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diligence as aforesaid, then Agency shall not terminate this Agreement or institute proceedings against Shea for such Default. {}809 Neither Party in Default; Rights and Duties Following Termination A. No Default. The following occurrences give either party the right to terminate this Agreement with respect to the Shea Project Site, or subject to Section 801, with Agency's prior written concurrence a portion thereof, but shall not be Defaults hereunder: 1. Shea determines that the Due Diligence Deposit exceeds Shea's projected due diligence costs and elects not to fund the Due Diligence Budget in accordance with Section 303(B); or 2. Shea elects not to advance the Supplemental Due Diligence Costs to Agency or supplement the Letters of Cr?,dit or Cash Deposit in accordance with Section 303(B); or 3. Shea elects or is deemed to elect not to proceed in accordance with Section 303(E); or 4. Shea determines that the Acquisition Budget exceeds Shea's projected acquisition costs and elects or is deemed to elect not to fund in accordance with Section 304; or 5. Shea chooses not to advance Excess Acquisition Costs to Agency or supplement the Letters of Credit or Cash Deposit in accordance with Section 307(B); or 6. Either party, in its reasonable good faith opinion forecasts that there will be insufficient funds to complete the acquisition of the Acquisition Parcels with the balance remaining in the Letters of Credit or Cash Deposit and neither party is willing to fund such excess in accordance with Section 307(B); or 7. Shea determines in its sole and absolute discretion that it will not proceed with the development of the Shea Project Site due to the presence of hazardous materials on or in the vicinity of the Shea Project Site, or Shea determines that development of the Shea Project Site by Shea is not economically feasible; or 8. Shea elects not to fund within fifteen (15) days any court ordered final judgment in any eminent domain proceeding involving an Acquisition Parcel; or 9. Agency does not tender title to or possession of the Acquisition Parcels in the manner and condition and by the date provided in the Schedule of Performance for reasons not within the scope of Section 807(A)(1) or Section 808(A)(7); or 10. Shea is precluded from development of the Shea Project by the action of a governmental agency, other than Agency, with jurisdiction over any portion of the Shea Project; or 11. Any other event shall occur which gives rise to a power of termination in accordance with the provisions of this Agreement, but which is not an event set forth in Sections 807 or 808. 38 wc-21875