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claim, demand, suit, action, judgment, settlement, reasonable attorney's fees, costs, or
<br />proceedings of any kind that are discovered or accrue, either before or after the termination f
<br />this Agreement.
<br />Notwithstanding the foregoing, Agency shall not be required to indemnify and
<br />hold harmless D veloper for liability attributable to the active negligence of, intentional
<br />misconduct conduct bar, or breach of this Agreement by Developer or its officers, employees,
<br />representatives or agents; nor shall the Agency indemnify and hold Developer harml s with
<br />respect t any action challenging the validity of this Agreement or any other actions of Agency
<br />in connection with approval of this Agreement, including wi tho u t limitation, F A Challenges,,
<br />0v Rights of Access. Prior to the issuance o f a Release of Construction Covenants
<br />with respect to each Please as specified in Section 313 of this Agreement) , for purposes of
<br />assuring compliance with this Agreement, representatives of the gent y shall have the right of
<br />reasonable access to any Phase of the Site that has not yet received a Release f Construction
<br />Covenants, without charges or fees, at normal construction hours during the period of
<br />construction for the purposes of this AgIreement, including but not limited to, the inspection of
<br />the work being performed in constructing the Developer Improvements so long as the Agency
<br />representatives comply with a] l safety ru l . In exercising such entry right, the Agency shall not
<br />interfere with or disrupt the Developer's construction activities. The Agency or its
<br />representatives) shall, except ire emergency situations, notify the Developer prior to exercising its
<br />rights pursuant to this Section 308, with a minimum 24 hours notice. In such event, the Agency
<br />shall defend, indemnify and hold the Developer, its members, , p ner , employees, and officers,
<br />harmless with respect t any claim, demands, damages, defense costs, liability or expense
<br />(including, i tho u t limitation, reasonable at torn ys } fees and court costs) of any kind or nature
<br />relating to the Agency's exercise of its right of access pursuant to this Section 308.
<br />309. Nondiscrimination in Employment. Developer certifies and agrees that all
<br />persons employed or applying for employment by it, its affiliates, subsidiaries, or holding
<br />companies, and all subcontractors, bidders and vendors, are and will be treated equally by it
<br />without r g and to, or because of race, color, religion, ancestry, national o ri i n, sex, s e ual
<br />orientation, age, pregnancy, childbirth or related medical condition, medical condition (cancer
<br />related) or physical or mental disability, and in compliance with Title VII of the Civil bights Act
<br />of I41 42 U.S.C. Section 2000, et seq., the Federal Equal Fay Act of 1963, 29 U.S.C.
<br />cc ti on 20 (d), the Age Ibis crimination in Employrnen t Ac t of 19 67, 2 9 U. S. C. S ec tion 6 2 1,
<br />et seq., the Inu igration Reform and Control Act of 1986, 8 U.S.C. e t i on 1324b, et seq., 4
<br />U. Section 19 8 1, the California pair Employment an d Housing Act, Cal. Go v rnment Code
<br />Section 1 2900, et seq., the California Equal Pair Law, Cal. Labor Code Section 11 7. , Cal.
<br />overnmen t C ode S cc tion 1113 5, the Americ ans wi th Di s abili ties Ac t, 42 U. S. C. S ec ti on 1x.101
<br />et seq., and all other anti - discrimination lags and regulations of the. United States and the State
<br />of California as they now exist or may hereafter be amended. The v loper skull allow
<br />representatives of the Agency access to its employment records related to this Agreement du ring
<br />regular bu i n hours to verify compliance with these provisions when so requested by the
<br />Agency.
<br />310. Taxes and Assessments. Except to the extent exempt therefrom, the Developer
<br />shall gay prior to delinquency all ad valorem real estate taxes and assessments on each Phase of
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