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senior creditorandthe costs of sale. The Owner shall instruct the holder of such Excess Proceeds to pay
<br />such proceeds to Habitat as repayment for, and in consideration of, the financial assistance provided in the
<br />development of the Home. As more particularly set forth in the Grant Agreement, Habitat shall pay to City
<br />twenty-seven and 77/100 percent (27.77%) of Excess Proceeds it receives, less costs of collection,
<br />based upon City's pro rata contribution toward the development cost of the Home taking into consideration
<br />the financial contributions of Habitat and other public agencies that have provided financing and that require
<br />payment of a share of Excess Proceeds. If the financial contribution to the Project provided by City or
<br />other public agencies is modified, the City's share of Excess Proceeds shall be modified accordingly.
<br />8.4 Non -Discrimination. Habitat covenants by and for itself and its successors and assigns that there
<br />shall be no discrimination against or segregation of a person or of a group of persons on account of race,
<br />color, religion, creed, age, disability, sex, sexual orientation, gender identity, marital status, genetic
<br />information, medical condition, ancestry or national origin in the sale, lease, sublease, transfer, use,
<br />occupancy, tenure or enjoyment of the Home, nor shall Habitat or any person claiming under or through
<br />Habitat establish or permit any such practice or practices of discrimination or segregation with reference to
<br />the selection, location, number, use or occupancy of buyers, tenants, lessees, subtenants, sublessees or
<br />vendees in the Home. The foregoing covenant runs with the land.
<br />9. AGREEMENT TO RUN WITH THE LAND.
<br />The covenants, reservations and restrictions set forth in this Agreement shall be deemed covenants running
<br />with the land and shall pass to and be binding upon the Home and each Successor -In -Interest in the Home
<br />for the term provided above. The Owner hereby expressly assumes the duty and obligation to perform each
<br />of the covenants and to honor each of the reservations and restrictions set forth in this Agreement. Each
<br />and every contract, deed or other instrument hereafter executed covering or conveying the Home or any
<br />interest therein shall conclusively be held to have been executed, delivered and accepted subject to such
<br />covenants, reservations, and restrictions, regardless of whether such covenants, reservations and
<br />restrictions are set forth in such contract, deed or other instrument.
<br />10. GENERAL PROVISIONS.
<br />10.1 Governing Law. This Agreement shall be governed by and construed and enforced in accordance
<br />with the laws of the State of California. The venue of any action or proceeding brought by any party arising
<br />out of this Agreement shall, to the extent legally permissible, be in San Mateo County, California.
<br />10.2 Amendment. This Agreement may be amended only by a written instrument executed by Owner
<br />(or the Successor -In -Interest, as applicable), Habitat, and City.
<br />10.3 Headings. The titles and headings of the sections of this Agreement are for the purpose of
<br />reference only and shall not limit or otherwise affect any of the terms of this Agreement.
<br />10.4 Notices. Any notice, demand or other communication required or permitted to be given under this
<br />Agreement by either party to the other party shall be in writing and sufficiently given or delivered if
<br />transmitted by (a) registered or certified United States mail, postage prepaid, return receipt requested, (b)
<br />personal delivery, or (c) nationally recognized private courier services, in every case addressed as follows:
<br />REV: 08-10-22 SK
<br />ATTY/AGR.2022.247/Habitat 612 Jefferson 603 (03HOME - Resale Restriction Agreement 603) (Page 11 of 17)
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