Agmt01 Western Innisfree Ventures LLC

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enjoyment of the premises, nor shall the transferee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the premises." Such contracts shall further provide that the foregoing provisions shall be binding upon and shall obligate the contracting party or parties and any subcontracting party or parties, or other transferees under the instrument. Except as otherwise provided, the covenants contained in this Article 6, the Grant Deed or Grant Deeds shall remain in effect until January 17, 2028. The covenants against discrimination shall remain in perpetuity. §603 Right to Enter Pr~eet Site The Agency, for itself and for the City and other public agencies, at their sole risk and expense, reserves the right to enter the Project Site or any part thereof at all reasonable times prior to the Certificate of Completion for the purposes of construction, reconstruction, maintenance, repair or service of any public improvements or public facilities located on the Project Site. Any such entry shall be made only after reasonable notice to Developer, and the Agency and entering party shall restore the Project Site and all improvements thereon after such entry and indemnify, defend and hold harmless Developer fi:om any and all claims, costs, liabilities and actions arising in connection with such entry, including without limitation reasonable attorneys' fees. Any damage or injury to any portion of the Project Site resulting from such entry shall be promptly repaired at the sole expense of the public agency responsible for the entry. §604 l~ffeet of Violation of the Terms and Provisions of this Article 6 After Completion of Construction The Agency is deemed the beneficiary of the terms and provisions of this Article 6 and of the covenants running with the land for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Article 6 and the covenants nmning with the land have been provided. This Article 6 and the covenants contained herein shall mn in favor of the Agency without regard to whether the Agency has been, remains or is an owner of any land or interest therein in the Project Site. The Agency shall have the right, if the covenants of this Article 6 are breached, after notice to Developer, to exemise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enfome the curing of such breaches to which it or any other beneficiaries of this Article 6 and the covenants contained herein may be entitled. Notwithstanding any provision herein to the contrary, upon the sale or other transfer of any portion of the Project after issuance of a Certificate of Completion, Developer shall be released fi:om and have no further responsibility for the perfmxuance or failure to perform any of the requirements of this Article 6 occurring subsequent to such sale or transfer with respect to the portion sold or transferred. Article 7. CONTRIBUTIONS OF DEVELOPER AND AGENCY §701 In General Subject to the provisions otherwise contained herein, as among the Agency, the City and Developer, Developer shall be responsible for all expenses of the Project of every kind and nature to the extent provided for herein, including, but not limited to, land acquisition, relocation, 34 DOCSSF 1:495065.9 9975-5 NWN