(m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government
<br />Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises
<br />which are the subject of this Agreement, nor shall the grantee or any person claiming under or
<br />through him or her, establish or permit any practice or practices of discrimination or segregation with
<br />reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants,
<br />sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the
<br />land."
<br />1303.2 In Affordable Housing Restrictions. The foregoing covenants shall (a) be
<br />included in the Affordability Restrictions, (b) run with the land, and (c) remain effective for the
<br />entire Term of Affordability (for not fewer than 55 years).
<br />1304. Covenants Remain in Perpetuity. The covenants established in this Article 1300
<br />shall, without regard to technical classification and designation, run with the land and be binding on
<br />Developer and any successor in interest to the Property, in favor of Agency and City and their
<br />successors and assigns, and shall remain in effect in perpetuity.
<br />1400. ENVIRONMENTAL MATTERS
<br />1401. Representation and Warranty. Except as Developer has expressly disclosed to
<br />Agency and City in writing, Developer has no knowledge (a) of the presence on, under or about the
<br />Property, now or in the past, of any Hazardous Materials, or of the transportation to or from the
<br />Property of any Hazardous Materials, (b) that asbestos or polychlorinated biphenyls (PCBs) are
<br />contained in or stored on the Property, or (c) that there are any underground storage tanks located in,
<br />on or under the Property, and (d) Developer has not received any notice or other communication
<br />from any Governmental Authority having jurisdiction over the Property notifying Developer of the
<br />presence of Hazardous Materials in, on, or under the Property, or any portion thereof.
<br />1402. Compliance with Environmental Laws. Developer shall take all necessary
<br />precautions to prevent the release into the environment of any Hazardous Materials which are located
<br />in, on or under the Property. Such precautions shall include compliance with all Governmental
<br />Requirements with respect to Hazardous Materials. In addition, the Developer shall install and
<br />utilize such equipment and implement and adhere to such procedures as are consistent with
<br />commercially reasonable standards as respects the disclosure, storage, use, removal and disposal of
<br />Hazardous Materials. In addition, Developer shall (a) comply with all Environmental Laws and
<br />environmental permits applicable to the construction and operation of the Property, (b) immediately
<br />pay or cause to be paid all costs and expenses incurred by reason of such compliance, (c) keep the
<br />Property free and clear of any environmental claims or liens imposed pursuant to any Environmental
<br />Law, and (d) obtain and renew all environmental permits required for ownership or use of the
<br />Property.
<br />1403. Presence of Hazardous Materials. Developer shall not, and shall not permit anyone
<br />else to, generate, use, treat, store, handle, release, or dispose of Hazardous Materials on the Property,
<br />or transport or permit the transportation of Hazardous Materials to or from the Property except for de
<br />minimis quantities used at the Property in compliance with all applicable Environmental Laws and
<br />required in connection with the routine operation and maintenance of the Property.
<br />1404. Notice of Environmental Matters. Developer shall notify the Agency/City, and
<br />provide to the Agency/City a copy or copies, of all environmental permits, disclosures, applications,
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