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JAH:djm 03/06/90R (REDEV) JAH:djm 03/19/90R JAH:djm 04/04/90R which shall be in accordance with the provisions of Section 309 hereof. Article 6. COMMUTER PARKING FACILITY §601 In General The parties have entered this Agreement on the premise that Parcels C, C-1 and D will be acquired pursuant to the terms of the agreements described in Sections 204 and 205 of this Agreement on or before the date set forth in the Schedule of Performance, and that the Parking Facility will be constructed within the Project Site in accordance with that agreement and so as to be fully compatible in form and use with the commercial component of the Project. Because the Agency will not finance or control the design or construction of the Parking Facility (activities which are the subject of a separate agreement or agreements presently being negotiated by the Developer with Sam Trans or Caltrans or both), this Agreement does not directly address those subjects. In the event that the Parking Facility for any reason should not be constructed at all or should be designed or constructed without the approval of the Developer in a manner such as to render the commercial component of the Project economically un -feasible, then the Agency and the Developer shall confer in good faith in an effort to achieve an alternative commercial component of the Project for the Project Site that will meet their mutual objectives to the maximum extent possible. Article 7. COVENANTS; NONDISCRIMINATION §701 Covenants as to Uses The Developer covenants and agrees that during construction and thereafter,the Developer shall devote the Project Site to the uses specified in the Redevelopment Plan, the Grant Deed or Grant Deeds and this Agreement for the period of time specified in Section 702. The foregoing covenant shall run with the land. §702 Nondiscrimination The Developer covenants that it shall not discriminate against or segregate any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Project Site, nor shall the Developer establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Project Site. The covenants set forth in this section shall run with the land. The Developer shall refrain from restricting the rental, 27