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<br />transfer, use, occupancy, tenure or enjoyment of the property herein conveyed <br />nor shall the grantee or any person claiming under or through the grantee <br />establish or permit any such practice or practices of discrimination or segregation <br />with reference to the selection, location, number, use or occupancy of tenants, <br />lessees, subtenants, sublessees or vendees in the property herein conveyed. <br />The foregoing covenant shall run with the land." <br /> <br />(b) In Leases: <br /> <br />"The lessee herein covenants by and for the lessee and lessee's heirs, personal <br />representatives and assigns and all persons claiming under the lessee or <br />through the lessee that this lease is made subject to the condition that there shall <br />be no discrimination against or segregation of any person or of a group of <br />persons on account of race, color, creed, religion, sex, sexual orientation, marital <br />status, disability, national origin or ancestry in the leasing, subleasing, <br />transferring, use, occupancy, tenure or enjoyment of the land herein leased nor <br />shall the lessee or any person claiming under or through the lessee establish or <br />permit any such practice or practices of discrimination or segregation with <br />reference to the selection, location, number, use or occupancy of tenants, <br />lessees, sublessees, subtenants, or vendees in the land herein leased." <br /> <br />(c) In Contracts: <br /> <br />"There shall be no discrimination against or segregation of any person or group <br />of persons on account of race, color, creed, religion, sex, sexual orientation, marital <br />status, disability, national origin or ancestry in the sale, lease, sublease, transfer, use, <br />occupancy, tenure or enjoyment of the property nor shall the transferee or any person <br />claiming under or through the transferee establish or permit any such practice or <br />practices of discrimination or segregation with reference to the selection, location, <br />number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of <br />the land." <br /> <br />3. ADDITIONAL COVENANTS, REPRESENTATIONS AND WARRANTIES OF <br />BORROWER. <br /> <br />3.1 <br />follows: <br /> <br />Representations. Borrower represents and warrants to the Agency as <br /> <br />a. Orqanization of the Borrower. Borrower is a duly organized limited <br />partnership, validly existing and in good standing under the laws of the State of <br />California. Borrower has all requisite power and authority to acquire the <br />Property, to develop, own and operate the Project, to carry on its business as <br />now conducted, and to execute, deliver and perform its obligations under this <br />Agreement, the Predevelopment Note and the Assignment Agreement. <br />Borrower's sole general partner is Mercy Housing West, a California nonprofit <br />public benefit corporation which has received a determination from the Internal <br />Revenue Service that it is exempt from federal tax under Section 501 (c)(3) of the <br /> <br />809163-1 <br /> <br />5 <br />