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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 of
<br />this Agreement.
<br />Notwithstanding the foregoing, Agency shall not be required to indemnify and
<br />hold harmless Developer for liability attributable to the active negligence of, intentional
<br />misconduct by, or breach of this Agreement by Developer or its officers, employees,
<br />representatives or agents; nor shall the Agency indemnify and hold Developer harmless with
<br />respect to any action challenging the validity of this Agreement or any other actions of Agency
<br />in connection with approval of this Agreement, including without limitation, CEQA Challenges.
<br />308. Rights of Access. Prior to the issuance of a Release of Construction Covenants
<br />with respect to each Phase (as specified in Section 313 of this Agreement), for purposes of
<br />assuring compliance with this Agreement, representatives of the Agency shall have the right of
<br />reasonable access to any Phase of the Site that has not yet received a Release of Construction
<br />Covenants, without charges or fees, at normal construction hours during the period of
<br />construction for the purposes of this Agreement, 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 all safety rules. 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 in 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, partners, employees, and officers,
<br />harmless with respect to any claim, demands, damages, defense costs, liability or expense
<br />(including, without limitation, reasonable attorneys' 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 />349. 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 regard to, or because of race, color, religion, ancestry, national origin, sex, sexual
<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 Rights Act
<br />of 1964, 42 U.S.C. Section 2000, et seq., the Federal Equal Pay Act of 1963, 29 U.S.C.
<br />Section 206(d), the Age Discrimination in Employment Act of 1967, 29 U.S.C. Section 62I ,
<br />et seq., the Immigration Reform and Control Act of 1986, 8 U.S.C. Section 1324b, et seq., 42
<br />U.S.C. Section 1981, the California Fair Employment and Housing Act, Cal. Government Code
<br />Section 12900, et seq., the California Equal Pay Law, Cal. Labor Code Section 1197.5, Cal.
<br />Government Code Section 11135, the Americans with Disabilities Act, 42 U.S.C. Section 12101,
<br />et seq., and all other anti-discrimination laws and regulations of the United States and the State
<br />of California as they now exist or may hereafter be amended. The Developer shall allow
<br />representatives of the Agency access to its employment records related to this Agreement during
<br />regular business 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 pay prior to delinquency all ad valorem real estate taxes and assessments on each Phase of
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