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obligation that survives the expiration of this Agreement, including without limitation,
<br />Developer's obligations pursuant to the Regulatory Agreement.
<br />3.16 Equal Opportunity. During the construction of the Project, there shall be no
<br />discrimination on the basis of race, color, religion, creed, sex, sexual orientation, marital status,
<br />ancestry or national origin in the hiring, firing, promoting or demoting of any person engaged in
<br />construction of the Project, and Developer shall direct its contractors and subcontractors to
<br />refrain from discrimination on such basis.
<br />3.17 Prevailing Wage Requirements. To the extent, and if, required by applicable
<br />federal and state laws, rules and regulations, Developer and its contractors and agents shall
<br />comply with California Labor Code Section 1720 et seq. and applicable federal labor laws and
<br />standards, and the regulations adopted pursuant thereto ("Prevailing Wage Laws"), and shall be
<br />responsible for carrying out the requirements of such provisions. Developer shall submit to
<br />Agency and City a plan for monitoring payment of prevailing wages and shall implement such
<br />plan at Developer's expense.
<br />Developer shall indemnify, defend (with counsel approved by Agency) and hold the
<br />Agency, the City, and their respective elected and appointed officers, officials, employees,
<br />agents, consultants, and contractors (collectively, the "Indemnitees") harmless from and against
<br />all liability, loss, cost, expense (including without limitation attorneys' fees and costs of
<br />litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency,
<br />fine, order, and damage (all of the foregoing collectively "Claims") which directly or indirectly,
<br />in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged
<br />to be caused by, arise in connection with, or relate to, the payment or requirement of payment of
<br />prevailing wages or the requirement of competitive bidding in the construction of the Project, the
<br />failure to comply with any state or federal labor laws, regulations or standards in connection with
<br />this Agreement, including but not limited to the Prevailing Wage Laws, or any act or omission of
<br />Developer related to this Agreement with respect to the payment or requirement of payment of
<br />prevailing wages or the requirement of competitive bidding, whether or not any insurance
<br />policies shall have been determined to be applicable to any such Claims. It is further agreed that
<br />Agency and City do not and shall not waive any rights against Developer which they may have
<br />by reason of this indemnity and hold harmless agreement because of the acceptance by Agency
<br />or City, or Developer's deposit with Agency or City of any of the insurance policies described in
<br />this Agreement. The provisions of this Section 3.17 shall survive the expiration or earlier
<br />termination of this Agreement and the issuance of a Certificate of Completion for the Project.
<br />Developer's indemnification obligations under this Section 3.17 shall not apply to any Claim
<br />which arises as a result of an Indemnitee's gross negligence or willful misconduct.
<br />3.18 Compliance with Laws. Developer shall carry out and shall cause its contractors
<br />to carry out the construction of the Project in conformity with all applicable federal, state and
<br />local laws, rules, ordinances and regulations, including without limitation, all applicable federal
<br />and state labor laws and standards, applicable provisions of the California Public Contracts
<br />Code, the City zoning and development standards, building, plumbing, mechanical and electrical
<br />codes, all other provisions of the City's Municipal Code, and all applicable disabled and
<br />handicapped access requirements, including without limitation, the Americans with Disabilities
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