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Property, Developer shall not discriminate against any employee or applicant because of
<br />race, color, creed, religion, sex, marital status, mental or physical disability, national
<br />origin, or ancestry. Developer shall take affirmative action to ensure that applicants are
<br />employed, and that employees are treated during employment, without regard to their
<br />race, color, creed, religion, sex, marital status, national origin, or ancestry.
<br />D. In all Contracts. Developer shall cause the foregoing
<br />covenants to be inserted in all contracts for any work covered by this Agreement so that
<br />such provisions will be binding upon each contractor and subcontractor for the benefit of
<br />City, provided that the foregoing covenant shall not apply to contracts or subcontracts for
<br />standard commercial supplies or raw materials.
<br />14. ENVIRONMENTAL MATTERS
<br />14.1 _Representation and Warranty. Except as disclosed in writing to the
<br />City including the environmental site assessments prepared on behalf of Developer and
<br />delivered to the City, Developer has no knowledge (a) of the presence on, under or about
<br />the Property, now or in the past, of any Hazardous Materials in violation of applicable
<br />law, or of the transportation to or from the Property of any Hazardous Materials, (b) that
<br />asbestos or polychlorinated biphenyls (PCBs) are contained in or stored on the Property,
<br />or (c) that there are any underground storage tanks located in, on or under the Property.
<br />14.2 Compliance with Environmental Laws. Developer shall (a) comply with
<br />all environmental laws and environmental permits applicable to the Construction of the
<br />Property, (b) immediately pay or cause to be paid all costs and expenses incurred by
<br />reason of such compliance, (c) keep the Property free and clear of any environmental
<br />claims or liens imposed pursuant to any environmental law, and (d) obtain and renew all
<br />environmental permits required for ownership or use of the Property.
<br />14.3 Presence of Hazardous Materials. Developer shall not, and shall not
<br />permit anyone else to, generate, use, treat, store, handle, release, or dispose of Hazardous
<br />Materials on the Property, or transport or permit the transportation of Hazardous
<br />Materials to or from the Property except for de minimis quantities used at the Property in
<br />compliance with all applicable environmental laws and required in connection with the
<br />routine construction, operation and maintenance of the Property.
<br />14.4 Notice of Environmental Matters. Developer shall promptly advise City
<br />in writing of any of the following: (a) any pending or threatened environmental claim
<br />against Developer or the Property, (b) any condition or occurrence that (i) results in
<br />noncompliance with any applicable environmental law, (ii) could reasonably be
<br />anticipated to cause the Property to be subject to any restrictions on the ownership,
<br />occupancy, use or transferability of the Property under any environmental law, or (iii)
<br />could reasonably be anticipated to form the basis of an environmental claim against the
<br />Property or Developer.
<br />14.5 Environmental Indemnification by the Developer. Developer agrees to
<br />defend, indemnify and hold harmless the City and their respective officers, directors,
<br />employees and agents (collectively the "Indemnitees") from and against any and all
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