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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 Lawes"), 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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