the Agency, the City, the State or HUD, on reasonable prior notice, for the purpose of examination or
<br />audit.
<br />1210.6 Annual Audit. The Agency/City may perform an annual audit at the close
<br />of each calendar year in which these Restrictions are in effect. Developer shall reasonably cooperate
<br />with Agency/City with respect to such audit.
<br />1211. Effect of Violation of the Terms and Provisions of this Agreement After
<br />Completion of Construction. The Agency and City are deemed the beneficiaries of the terms and
<br />provisions of this Agreement, the other Project Documents, and all covenants running with the land,
<br />for and in their own right and for the purposes of protecting the interest of the community and other
<br />parties, public or private, in whose favor and for whose benefit this Agreement, the other Project
<br />Documents, and the covenants running with the land have been provided, without regard to whether
<br />the Agency or City have been, remain or are owners of any land or interest therein in the Property or
<br />in the Project. The Agency and City shall have the right, if the Agreement or covenants are
<br />breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity
<br />or other proper proceedings to enforce the curing of such breaches to which it or any other
<br />beneficiaries of this Agreement and covenants may be entitled. The covenants contained in this
<br />Agreement shall remain in effect as follows:
<br />(a) The covenants against discrimination, as set forth in Article 1300 and
<br />the environmental covenants set forth in Article 1400 shall remain in effect in perpetuity.
<br />(b) All other covenants set forth herein and in the other Project
<br />Documents, including the covenants pertaining to the operation, use, maintenance and management
<br />of the Property as Affordable Housing set forth in Article 700 and this Article 1200, shall remain in
<br />effect throughout the entire Term hereof.
<br />1300. NONDISCRIMINATION COVENANTS
<br />1301. Obligation to Refrain from Discrimination. Developer covenants and agrees for
<br />itself, its successors, its assigns and every successor in interest to the Property or any part thereof,
<br />that there shall be no discrimination against or segregation of any person or group of persons on
<br />account of race, color, creed, religion, sex, marital status, ancestry or national origin in the sale,
<br />lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property nor shall Developer
<br />itself or any person claiming under or through him establish or permit any such practice or practices
<br />of discrimination or segregation with reference to the selection, location, number, use or occupancy
<br />of tenants, lessees, subtenants, sublessees or vendees of the Property. The foregoing covenants shall
<br />run with the land and shall remain in effect in perpetuity.
<br />1302. Nondiscrimination in Employment. Developer certifies and agrees that all persons
<br />employed or applying for employment by it, its affiliates, subsidiaries, or holding companies, and all
<br />subcontractors, bidders and vendors, are and will be treated equally by it without regard to, or
<br />because of race, color, religion, ancestry, national origin, sex, age, pregnancy, childbirth or related
<br />medical condition, medical condition or physical or mental disability, and in compliance with
<br />Title VII of the Civil Rights Act of 1964, 42 U S.C. Section 2000, et seq., the Federal Equal Pay Act
<br />of 1963,29 U.S.C. Section 206(d), the Age Discrimination in Employment Act of 1967, 29 U S.C.
<br />Section 621, et seq., the Immigration Reform and Control Act of 1986, 8 U.S.C. Section 1324b,
<br />et seq., 42 U.S.C. Section 1981, the California Fair Employment and Housing Act, Cal. Government
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