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of the Developer under this Agreement and agree to be subject to the conditions and restrictions
<br /> to which the Developer is subject arising during this Agreement, to the fullest extent that such
<br /> obligations are applicable to the particular portion of or interest in the Development conveyed in
<br /> such Transfer.
<br /> ARTICLE 12.
<br /> NON-DISCRIMINATION AND OTHER FEDERAL AND STATE REQUIREMENTS
<br /> Developer covenants by and for itself and any successors in interest that there shall be no
<br /> discrimination against or segregation of any person, or group of persons on any basis listed in
<br /> subdivision (a) or(d) of Section 12955 of the Government Code, as those bases are defined in
<br /> Sections 12926, 12926.1, subdivision (m) and paragraph(1) of subdivision (p) of Section 12955,
<br /> and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use,
<br /> occupancy, tenure or enjoyment of the Site, or any part thereof, nor shall Developer, or any
<br /> person claiming under or through him or her, establish or permit any such practice or practices of
<br /> discrimination or segregation with reference to the selection, location, number, use or occupancy
<br /> of tenants, lessees, subtenants, sublessees or vendees of the Site, or any part thereof. The
<br /> foregoing covenants shall run with the land.
<br /> Developer agrees for itself and any successor in interest that Developer shall refrain from
<br /> restricting the rental, sale, or lease of any portion of the Site, or contracts relating to the Site, on
<br /> the basis of race, color, creed, religion, sex, marital status, ancestry, or national origin of any
<br /> person. All such deeds, leases or contracts shall contain or be subject to substantially the
<br /> following nondiscrimination or nonsegregation clauses:
<br /> ARTICLE 13.
<br /> REPRESENTATIONS AND WARRANTIES
<br /> Section 13.1 Representations by the Developer. Developer hereby represents and
<br /> warrants to the City, to the best of its actual knowledge, as follows:
<br /> (a) The Developer is duly established and in good standing under the laws of
<br /> the State of California and has duly authorized, executed and delivered this Agreement and any
<br /> and all other agreements and documents required to be executed and delivered by the Developer
<br /> in order to carry out, give effect to, and consummate the transactions contemplated by this
<br /> Agreement.
<br /> (b) The Developer does not have any contingent obligations or contractual
<br /> agreements which will prevent the ability of the Developer to carry out its obligations hereunder.
<br /> (c) There are no pending or, so far as is known to the Developer, threatened,
<br /> legal proceedings to which the Developer is or may be made a party to or to which it or any of its
<br /> property including, without limitation, the Site, is or may become subject, which have not been
<br /> fully disclosed in the material submitted to the City, which will prevent the ability of the
<br /> Developer to carry out its obligations hereunder.
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