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<br />5.7 Manaqement Sub-Contractors. Manager shall not subcontract any
<br />of Manager's responsibilities under this Agreement without the advance written
<br />consent of Agency. Any such subcontracting shall not relieve Manager of its
<br />primary responsibility for proper performance of Manager's obligations
<br />hereunder.
<br />
<br />5.8 Fees, Taxes, and Other Levies. Manager shall be responsible for
<br />payment of all fees, assessments, taxes, charges, liens and levies, including
<br />without limitation possessory interest taxes, if applicable, imposed by any public
<br />authority or utility company with respect to the Property or the Project, and shall
<br />pay such charges prior to delinquency as part of the Business Plan.
<br />
<br />5.9 Emerqencv and Evacuation Procedures. Within the first 30 days
<br />after the Effective Date, and annually thereafter if required, Manager shall
<br />prepare and present to Agency written emergency and evacuation procedures for
<br />the protection, warning, and safe and timely evacuation of all residents, guests,
<br />invitees, and staff from the Project (the "Emergency and Evacuation
<br />Procedures"). Manager agrees to consult with loss prevention consultants if so
<br />required by Agency, and to change such Emergency and Evacuation Procedures
<br />if so recommended. Manager shall take such steps as it deems appropriate to
<br />ensure the proper training of its staff and shall ensure that all residents receive
<br />and are knowledgeable about such Emergency and Evacuation Procedures.
<br />
<br />5.10 Compliance with Laws. Manager shall perform its obligations
<br />hereunder in conformity with all applicable state, local and federal laws and
<br />regulations, including all applicable state and federal labor laws and standards,
<br />the San Leandro zoning and development standards, building, plumbing, mechanical
<br />and electrical codes, all other provisions of San Leandro's Municipal Code, and all
<br />applicable disabled and handicapped access requirements, including without
<br />limitation, the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq.,
<br />Government Code Section 4450, et seq., Government Code Section 11135, et
<br />seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq. to the extent
<br />these laws may apply.
<br />
<br />5.11 Permits and Licenses. Manager represents and warrants that
<br />Manager and its employees, agents and any subcontractors have all licenses,
<br />permits, qualifications and approvals that are legally required to practice their
<br />respective professions. Manager represents and warrants that Manager and its
<br />employees, agents and subcontractors shall at their sole cost and expense, keep in
<br />effect at all times during the term of this Agreement any licenses, permits, and
<br />approvals that are legally required to practice their respective professions.
<br />
<br />5.12 Contracts. Manager is authorized to make and enter into such
<br />contracts and agreements for the provision of supplies, material, or labor to or for
<br />the benefit of the Project as are required in the ordinary course of business for
<br />the operation, maintenance, and service of the Project, provided, however, that
<br />
<br />776633-4 Final
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