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may be deemed necessary, Lessor and its authonzed agents and representatives shall be <br /> permitted access to and the right to examine the Improvements and the Leased Premises and to <br /> interview employees of the Project, for the purpose of verifying compliance with applicable <br /> regulations and compliance with the conditions of this Lease <br /> Section 9 11 Non-Discrimination, Compliance with Fair Housing Laws Lessee shall <br /> not restnct the rental, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the <br /> Leased Premises, or any portion thereof, on the basis of race, color, religion, creed, sex, sexual <br /> orientation, disability, mantal status, ancestry, or national origin of any person Lessee <br /> covenants for itself and all persons claiming under or through it, and this Lease is made and <br /> accepted upon and subject to the condition that there shall be no discrimination against or <br /> segregation of any person or group of persons on account of any basis listed in subdivision (a) or <br /> (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, <br /> 12926 1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section <br /> 12955 2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or <br /> enjoyment of the Property or part thereof, nor shall Lessee or any person claiming under or <br /> through Lessee establish or permit any such practice or practices of discnmination or segregation <br /> with reference to the selection, location, number, use or occupancy of tenants, lessees, <br /> subtenants, sublessees or vendees in, of, or for the Property or part thereof Lessee shall include <br /> such provision in all leases and rental agreements affecting the Leased Premises or part thereof, <br /> and shall enforce the same diligently and in good faith. <br /> Section 9 12 Fair Housing Lessee shall comply with state and federal fair housing <br /> laws in the marketing and rental of the units in the Project. Lessee shall accept as tenants, on the <br /> same basis as all other prospective tenants, persons who are recipients of federal certificates or <br /> vouchers for rent subsidies pursuant to the existing Section 8 program or any successor thereto <br /> Section 9.13 Management Entity Lessor approves MidPen Property Management <br /> Corporation as the initial property manager In recognition of Lessor's significant financial <br /> contnbution to the Project, Lessor shall have the nght to review and approve any replacement of <br /> the management entity proposed by Lessee for the Project, and shall have the right to review and <br /> approve any agreement executed between Lessee and the management entity, which approval of <br /> agreement shall not be unreasonably withheld The contracting of management services to a <br /> management entity shall not relieve Lessee of its primary responsibility for proper performance <br /> of management duties Upon Lessor determination and delivery of wntten notice to Lessee that <br /> Lessee has failed to operate the Project in accordance with this Lease, Lessor may, subject to any <br /> applicable cure period, require Lessee to contract with a qualified management agent selected by <br /> Lessor subject to approval of the Investor and Lenders, if required, to operate the Project, or to <br /> make such other arrangements as Lessor deems necessary to ensure performance of the required <br /> functions <br /> ARTICLE 10 <br /> EMINENT DOMAIN <br /> Section 10.1 Termination of Lease Lessor and Lessee agree that, in the event of a <br /> Taking such that Lessee reasonably determines that the Leased Premises cannot continue to be <br /> 30 <br /> 191\52\1656915 8 <br /> OAK#4834-9609-1684 v9 <br />