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and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government <br />Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the <br />premises herein leased nor shall the lessee himself or herself, or any person claiming under or <br />through him or her, establish or permit any such practice or practices of discrimination or <br />segregation with reference to the selection, location, number, use, or occupancy, of tenants, <br />lessees, sublessees, subtenants, or vendees in the premises herein leased." <br />(c) In contracts: "There shall be no discrimination against or <br />segregation of, any person or group of persons on account of any basis listed in subdivision (a) or <br />(d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, <br />12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and <br />Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, <br />tenure, or enjoyment of the premises which are the subject of this Agreement, nor shall the <br />grantee or any person claiming under or through him or her, establish or permit any practice or <br />practices of discrimination or segregation with reference to the selection, location, number, use <br />or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein <br />conveyed. The foregoing covenants shall run with the land." <br />The covenants established in this Section 403.2 shall, without regard to technical <br />classification and designation, be binding for the benefit and in favor of the Agency and its <br />successors and assigns, and shall remain in effect in perpetuity. <br />403.3 Applicability of Section. The provisions of this Section 403 apply to the <br />entire Project, including both the For-Sale Portion of the Project and the Rental Portion of the <br />Project. <br />500. DEFAULT AND REMEDIES. <br />501. Default Remedies. Subject to the extensions of time set forth in Section 507, <br />failure by either party to perform any obligation hereunder or failure to use best efforts to fulfil I a <br />condition precedent within the time periods provided herein following notice and failure to cure <br />as described hereafter, constitutes a "Default" under this Agreement. The refusal or failure of <br />the Developer or Agency to close Escrow following satisfaction of the Agency's and/or <br />Developer's Conditions Precedent for benefit of the party failing or refusing to close Escrow <br />constitutes a "Default" under this Agreement. A party claiming a Default shall give written <br />notice of Default to the other party specifying the Default complained of. Except as otherwise <br />expressly provided in this Agreement, the claimant shall not institute any proceeding against any <br />other party, nor terminate this Agreement, and the other party shall not be in Default as to non- <br />monetary Defaults other than transfers not permitted under this Agreement (as to which no right <br />to notice or cure shall apply) if such party within thirty (30) days from receipt of such notice <br />promptly, with due diligence, commences to cure, correct or remedy such failure or delay and <br />thereafter completes such cure, correction or remedy with due diligence. As to monetary <br />Defaults, a cure period of ten (10) days upon written notice shall apply. <br />502. Institution of Legal Actions. In addition to any other rights or remedies and <br />subject to the restrictions otherwise set forth in this Agreement, after expiration of the cure <br />period provided in Section 501 above, either party may institute an action at law or equity to seek <br />DOC SOG1400673v 14/200272-0001 <br />58