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Developer's. obligation to indemnify as set forth i n this Agreement shall extend to
<br />loss or damage, expenses, inj u ri s, death to any person, d arnage to real or personal property,
<br />claim, demand, suit, action, judgment, settlement, reasonable attorney"s fees} costs, or
<br />proceedings of any kind that are discovered o r accrue, ei t her before or after the termination of
<br />this Agreement.
<br />Notwithstanding the foregoing, Developer shall not be required to indemnify and
<br />hold harmless gen y or the City for liability attributable to the active negligence of, intentional
<br />misconduct bar, or breach of this Agreement by Agency or the City or any of their boards,
<br />officers, employees, representatives or agents.
<br />9. Developer certifies and agrees that all persons employed or applying for
<br />employment by it, its affiliates, subsidiaries, or hoping companies, and all subcontractors,
<br />bidders and vendors, are and will be treated equally by it without regard to, or because of race,
<br />color, religion, ancestry, national origin, sex, sexual orientation, age, pregnancy, childbirth or
<br />related medical condition, medical conclition. (cancer related) or physical or mental dis abili t , and
<br />i n comp] ian c e with Tale V I of the Civil lights Pict of 1964, 42 U. S. C. Section 2000, e t seq., the
<br />Federal Equal Pay Pict of 1963, 29 U.S.C. Section 206(d), the Age Discrimination in
<br />Employment Act of 1967, 29 U.S.C. Section 62 1, et seq., the Immigration Reform and Control
<br />Pict of 1986* U. S. C. Section 13241, et seq., 42 U. S. C. S cc ti on 19 8 1, the California Fair
<br />Employment and Housing Act, Cal. Government Code Section 12900, et seq., the California
<br />Equal Pay Law, Cal. Labor Code Section 11 97.5, Cal. Government Code Section 1113 5, the
<br />Americans wi th Disabilities Pict, 42 U. Section 12101, et seq., and all other anti -
<br />discrimination laws and regulations of the United States and the State of California as they now
<br />exist or may hereafter b e amended. The Developer s h all allow representatives of the Agency
<br />access to its employment records related to this Agreement during regular business hours to
<br />verify compliance with these provisions when so requested by the Agency.
<br />1. Except to the extent exempt therefrom, the Developer shall p a prior to
<br />delinquency all ad valorem real estate tars and assessments on each Phase of the Site
<br />attributable to periods subsequent to Closing for such Phase, subject to the Developer's right to
<br />contest in good faith any such taxes. Following the Closing for any Phase, the Developer sh al l
<br />remove or have removed any levy or attachment made on any Phase of the Site or any part
<br />thereof, or assure the satisfaction thereof within a reasonable time. The Developer may apply for
<br />property tax abatement fto m the payment of all property taxes or assessments during the period
<br />of its ownership on any interest in or to the Site or any part thereof.
<br />11. The Developer shall carry out the design, construction, development d
<br />operation of the I ovelop r Improvements in conformity with all applicable laws, i n lu d ing all
<br />applicable state labor standards, City zoning and development standards, building, plumbing,
<br />mechanical and electrical codes, and all other pro i s ions of the City's Municipal Code, and all
<br />applicable disabled and handicapped access requirements, i n ludi rig without limitation the
<br />Americ an s Wi th Ibis abili tic s Ac t, 42 U. S. C. S e tion 12 101, et seq., G overn inert t C ode
<br />cc t i o n 4450, e t seq.* Governmen t Code S cction 1113 5, et seq., and the Unruh Civil Fights Pict,
<br />i v i I Code Section 5 1, e t seq., and any other applicable G overnmental Requirements.
<br />ATTACHMENT INTO. -
<br />D O 1400673v 14/200272 -0001
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