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<br /> certificate substantially in the form attached hereto as Exhibit E ("Certificate of Completion") so
<br /> certifying, provided that at the time such certificate is requested all applicable work has been
<br /> completed for the Project. The Certificate of Completion shall be conclusive evidence that
<br /> Developer has satisfied its obligations regarding the construction of the Project. At Developer's
<br /> option the Certificate of Completion shall be recorded in the Official Records. The Certificate of
<br /> Completion shall not constitute evidence of compliance with or satisfaction of any obligation of
<br /> Developer to any holder of a deed of trust or mortgage securing money loaned to finance the
<br /> Project or any part thereof and shall not be deemed a notice of completion under the California
<br /> Civil Code, nor shall such Certificate provide evidence that Developer has satisfied any obligation
<br /> that survives the expiration of this Agreement.
<br /> 5. 13 Equal Opportunity. There shall be no discrimination on the basis of race, color,
<br /> religion, creed, sex, sexual orientation, marital status, ancestry or national origin in the hiring,
<br /> firing, promoting or demoting of any person engaged in construction work on the Property, and
<br /> Developer shall direct its contractors and subcontractors to refrain from discrimination on such
<br /> basis.
<br /> 5 . 14 Prevailing Wage Requirements. Developer and its contractors, subcontractors and
<br /> agents shall pay prevailing wages for all construction work related to the Project, and shall comply
<br /> with California Labor Code Section 1720 et seq. and the regulations adopted pursuant thereto (and
<br /> if applicable due to financing sources used for the Project, the federal Davis Bacon Act and
<br /> implementing regulations) (all of the foregoing, collectively, "Prevailing Wage Laws"), and shall
<br /> be responsible for carrying out the requirements of such provisions. Developer shall submit to
<br /> City a plan for monitoring payment of prevailing wages and at Developer's expense shall
<br /> implement such plan and comply with all applicable reporting and recordkeeping requirements.
<br /> Developer shall indemnify, defend (with counsel approved by City) and hold the City and
<br /> its elected and appointed officers, officials, employees, agents, consultants, and contractors (all of
<br /> the foregoing, collectively, the "Indemnitees") harmless from and against all liability, loss, cost,
<br /> expense (including without limitation reasonable attorneys' fees and costs of litigation), claim,
<br /> demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and
<br /> damage (all of the foregoing collectively "Claims") which directly or indirectly, in whole or in
<br /> part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by,
<br /> arise in connection with, or relate to, the payment or requirement of payment of prevailing wages
<br /> (including without limitation, all claims that may be made by contractors, subcontractors or other
<br /> third party claimants pursuant to Labor Code Sections 1726 and 1781 ) or the requirement of
<br /> competitive bidding in connection with the Project, the failure to comply with any state or federal
<br /> labor laws, regulations or standards in connection with this Agreement, including but not limited to
<br /> the Prevailing Wage Laws, or any act or omission of Developer related to this Agreement with
<br /> respect to the payment or requirement of payment of prevailing wages or the requirement of
<br /> competitive bidding, whether or not any insurance policies shall have been determined to be
<br /> applicable to any such Claims. It is further agreed that City does not and shall not waive any rights
<br /> against Developer which it may have by reason of this indemnity and hold harmless agreement
<br /> because of the acceptance by City, or Developer's deposit with City of any of the insurance
<br /> policies described in this Agreement. The provisions of this Section 5. 14 shall survive the
<br /> expiration or earlier termination of this Agreement and the issuance of a Certificate of Completion
<br /> ATY/AGR/2017.218/RWC — BRADFORD — DDA
<br /> REV: 09-18-17 VR
<br /> Page 17 of 94
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