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of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) <br /> of Section 12955 of the Government Code shall apply to paragraph (1 )." <br /> (c) In Contracts pertaining to operation or management of the Project, Developer shall <br /> ensure that the following language, or language with substantially the same effect, shall <br /> appear: <br /> "There shall be no discrimination against or segregation of any person or group of <br /> persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of <br /> the Government Code, as those bases are defined in Sections 12926, 12926. 1 , <br /> subdivision (m) and paragraph ( 1 ) of subdivision (p) of Section 12955, and Section <br /> 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, <br /> occupancy, tenure or enjoyment of the property nor shall the transferee or any <br /> person claiming under or through the transferee establish or permit any such <br /> practice or practices of discrimination or segregation with reference to selection, <br /> location, number, use or occupancy of tenants, lessee, subtenants, sublessees or <br /> vendees of the land." <br /> ARTICLE VI <br /> CONDITION OF THE SITE; ENVIRONMENTAL MATTERS <br /> 6. 1 Developer's Access to Site; Inspections. Prior to the Close of Escrow, Developer <br /> and Developer's authorized representatives may enter upon and conduct reviews and assessments <br /> of the physical and environmental condition of the Property and the condition of the existing <br /> improvements (if any). City may require Developer to execute a right of entry agreement <br /> satisfactory to City prior to entry onto the Property for such purpose and shall require Developer to <br /> provide proof of liability insurance acceptable to City. Developer's inspection, examination, <br /> survey and review of the Property shall be at Developer's sole expense. Developer shall provide <br /> City with copies of all reports and test results promptly following completion of such reports and <br /> testing. Developer hereby agrees to notify the City twenty four (24) hours in advance of its <br /> intention to enter the Property and will provide workplans, drawings, and descriptions of any <br /> intrusive sampling it intends to do. Developer must keep the Property in a safe condition during its <br /> entry. Developer shall repair, restore and return the Property to its condition immediately <br /> preceding Developer's entry thereon at Developer's sole expense Developer will not permit any <br /> mechanics liens, stop notices or other liens or encumbrances to be placed against the Property prior <br /> to Close of Escrow. Without limiting any other indemnity provisions set forth in this Agreement, <br /> Developer shall indemnify, defend (with counsel approved by City) and hold the Indemnitees <br /> harmless from and against all Claims resulting from or arising in connection with entry upon the <br /> Property by Developer or Developer's agents, employees, consultants, contractors or <br /> subcontractors pursuant to this Section 6. 1 except to the extent arising from the gross negligence or <br /> willful misconduct of the Indemnitees. Developer's indemnification obligations set forth in this <br /> Section 6. 1 shall survive the Close of Escrow and the termination of this Agreement. <br /> 6.2 Environmental Disclosure. To the extent the City has copies of investigation <br /> reports concerning the Property, it will provide all such copies to Developer within fifteen (15) <br /> days following the Effective Date; but the Patties acknowledge that City will not be conducting a <br /> public records search of any regulatory agency files—although the City urges Developer to do so <br /> ATY/AGR/2017.218/RWC — BRADFORD — DDA <br /> REV: 09-18-17 VR <br /> Page 23 of 94 <br />