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Agreement. There shall be no discrimination against, or segregation of, any person or group of
<br />persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national
<br />origin, source of income (e.g., SSI), ancestry, or disability, in the leasing, subleasing,
<br />transferring, use, occupancy, tenure, or enjoyment of any Affordable Unit; nor shall the Owner
<br />or any person claiming under or through the Owner, establish or permit any such practice or
<br />practices of discrimination or segregation with reference to the selection, location, number, use,
<br />or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of any Affordable Unit or in
<br />connection with the employment of persons for the construction, operation and management of
<br />any Affordable Unit.
<br />(b) Disabled Persons Occupancy. The Affordable Project shall be constructed
<br />and operated at all times in compliance with the provisions of. (1) the Unruh Act; (2) the
<br />California Fair Employment and Housing Act; (3) Section 504 of the Rehabilitation Act of 1973;
<br />(4) the United States Fair Housing Act, as amended; and (5) any other applicable law or
<br />regulation (including the Americans With Disabilities Act). The Owner agrees to indemnify,
<br />protect, hold harmless and defend (with counsel reasonably satisfactory to the City) the City, and
<br />its council members, officers, employees, agents and assigns from all suits, actions, claims,
<br />causes of action, costs, demands, judgments and liens arising out of the Owner's failure to
<br />comply with applicable legal requirements related to housing for persons with disabilities. The
<br />provisions of this subsection shall survive expiration of the Term or other termination of this
<br />Agreement and shall remain in full force and effect.
<br />Section 6.4 Term. The provisions of this Agreement shall apply to the Affordable Site
<br />for the entire Term. This Agreement shall bind any successor, heir or assign of Owner, whether
<br />a change in interest occurs voluntarily or involuntarily, by operation of law or otherwise, except
<br />as expressly released by City.
<br />Section 6.5 Indemnification.
<br />(a) To the full extent permitted by law, Owner shall indemnify, defend at its
<br />own expense, and hold the City and its elected officials, officers, employees and agents in their
<br />official capacity (collectively "Indemnitees") harmless against any and all claims, suits, actions,
<br />losses, and liability of every kind, nature and description made against it and expenses (including
<br />reasonable attorneys' fees) which arise out of or in connection with this Agreement, including but
<br />not limited to the execution and enforcement of this Agreement, marketing and operation of the
<br />Affordable Project, except to the extent such claim arises from the grossly negligent or willful
<br />misconduct of the City or Indemnitees. Each Party shall notify the other Party immediately in
<br />writing of any claim or damage related to activities performed under this Agreement. The Parties
<br />shall cooperate with each other in the investigation and disposition of any claim arising out of the
<br />activities under this Agreement, provided that nothing shall require either Party to disclose any
<br />documents, records or communications that are protected under the attorney-client privilege or
<br />attorney work product privilege.
<br />(b) The provisions of this Section shall survive the expiration of the Term and
<br />any release of part or all of the Property from the burdens of this Agreement, but only as to
<br />claims arising from events occurring during the Term of this Agreement.
<br />REV: 07-12-24 VR
<br />1199\10\3491196.8
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