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7.A. - Page 169 and construction of the improvements on the Site. "Local" is defined as businesses or persons whose offices are located or who reside within the City of Redwood City. The City shall have the right to review any bid process that may be employed by the Developer to ensure compliance with the foregoing. The Developer shall provide the City with all information the City requests regarding any such bid process. If Developer, after using its good faith reasonable efforts to seek bids from local contractors and consultants, hires other contractors or consultants, Developer shall not be deemed to be in default of this Agreement. Upon the issuance of a Certificate of Completion for the Project, this Section 5.3 shall be of no further force or effect. Nothing in this Section 5.3 shall be construed to provide any rights to local contractors or consultants as third- party beneficiaries. 5.4 Taxable Sales. The Developer shall use commercially reasonable efforts to ensure that the City is the point of sale for all taxable sales used in or on the Project, to the extent permitted under the Bradley-Burns Uniform Sales and Use Tax Law (commencing with Section 7200 of the California Revenue and Taxation Code), or any successor law. Upon the issuance of a Certificate of Completion for the Project, this Section 5.4 shall be of no further force or effect. 5.5 Obligation to Refrain from Discrimination. The Developer covenants and agrees for itself, its successors, its assigns and every successor-in-interest to all or any portion of the Site, that there shall be no discrimination against or segregation of any Person, or group of Persons, on account of gender, sexual orientation, marital status, race, color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site nor shall the Developer, itself or any Person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of purchasers, tenants, lessees, sub-tenants, sub-lessees or vendees of the Site. The covenant of this Section 5.5 shall be a covenant running with the land and binding on successive owners of all or any portion of the Site in perpetuity. 5.6 Survival and Enforcement of Special Development Covenants. 5.6.1 Covenants Runnin� with the Land. Each of the special development covenants set forth in this ARTICLE 5 touch and concern the Site and constitute covenants running with the land and binding upon successive owners of the Site for the time period set forth in each specific covenant. 5.6.2 Survival. Each such special development covenant shall survive the Close of Escrow, execution and recordation of the City Deed and issuance and recordation of each and every document related to conveyance of the City Property or construction or installation of the Proj ect on the Site, for the time period specifically set forth in each such special development covenant. 5.6.3 Enforcement. These special development covenants may be enforced by the City regardless of whether the City currently owns or continues to own an interest in any property benefited by any such covenants. The Developer irrevocably stipulates and agrees that breach of any of the special development covenants set forth in this ARTICLE 5 will result in great and irreparable damage to the City, and will result in damages to the City that are either impracticable or extremely difficult to quantify. Accordingly, upon the breach of any special 82483.00009\7571312.11 41 ATTY/AGR/2013.118/BLOCK 2 HUNTER STORM REV: 07-19-13 PT