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<br />4859-3312-3005v3
<br />Section 9.8 Reporting Requirements; Access to Information; Inspections. The
<br />Regulatory Agreement sets forth requirements pertaining to Tenant certification, annual reports
<br />required that Lessee is required to submit to Lessor, maintenance of records, and City rights to
<br />inspect and audit Project records and inspect the Leased Premises. Lessee shall be subject to,
<br />and shall comply with, all such requirements.
<br />Section 9.9 Non-Discrimination; Compliance with Fair Housing Laws. Lessee shall
<br />not restrict 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, marital 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 Leased Premises or the Project, or part thereof, nor shall Lessee or any person
<br />claiming under or through Lessee 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 in, of, or for the Leased Premises or the
<br />Project, or part thereof. Lessee shall include such provision in all leases and rental agreements
<br />affecting the Leased Premises or part thereof, and shall enforce the same diligently and in good
<br />faith.
<br />Section 9.10 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 9.11 Management Agent. Lessor approves Eden Housing Management, Inc., a
<br />California nonprofit public benefit corporation as the initial Management Agent. In recognition
<br />of Lessor’s significant financial contribution to the Project, Lessor shall have the right to review
<br />and approve any replacement of the Management Agent proposed by Lessee for the Project, and
<br />shall have the right to review and approve any agreement executed between Lessee and the
<br />management entity, which approval of agreement shall not be unreasonably withheld. The
<br />contracting of management services to a management agent shall not relieve Lessee of its
<br />primary responsibility for proper performance of management duties. Upon Lessor
<br />determination and delivery of written notice to Lessee that Lessee has failed to operate the
<br />Project in accordance with this Lease, Lessor may, subject to any applicable cure period, require
<br />Lessee to contract with a qualified management agent selected by Lessor subject to approval of
<br />the Investor and Lenders, if required, to operate the Project, or to make such other arrangements
<br />as Lessor deems necessary to ensure performance of the required functions.
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