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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. ] 6 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.l 7 Prevailing Wage Requirements. To the full extent required by all applicable state
<br />and federal laws, rules and regulations, if any, Developer and its contractors and agents shall
<br />comply with California Labor Code Section 7 720 el seq. and the regulations adopted pursuant
<br />thereto ("Prevailing Wage Laws"), and shall be responsible for carrying out the requirements of
<br />such provisions. If required by California law or City policy, Developer shall submit to Agency
<br />a plan for monitoring payment of prevailing wages and shall implement such plan at Developer's
<br />expense.
<br />Subject to the last sentence of this paragraph, Developer shall indemnify, defend (with
<br />counsel approved by Agency) and hold the Agency; the City, and their respective elected and
<br />appointed officers, officials, employees, agents, consultants, and contractors (collectively, the
<br />"Indemnitees") harmless from and against all liability, loss, cost, expense (including without
<br />limitation attorneys' fees and costs of litigation), claim, demand, action, suit, judicial or
<br />administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing
<br />collectively "Claims") which directly or indirectly, in whole or in part, are caused by, arise in
<br />connection with, result from, relate to, or are alleged to be caused by, arise in connection with, or
<br />relate to, the payment or requirement of payment of prevailing wages (including without
<br />limitation, all claims that may be made by contractors, subcontractors or other third party
<br />claimants pursuant to Labor Code Sections 1726 and 1781), the failure to comply with any state
<br />or federal labor laws, regulations or standards in connection with this Agreement, including but
<br />not limited to the Prevailing Wage Laws, or any act or omission of Developer related to this
<br />Agreement with respect to the payment or requirement of payment of prevailing wages, whether
<br />or not any insurance policies shall have been determined to be applicable to any such Claims. It
<br />is further agreed that Agency and City do not and shall not waive any rights against Developer
<br />which they may have by reason of this indemnity and hold harmless agreement because of the
<br />acceptance by Agency, or Developer's deposit with Agency of any of the insurance policies
<br />described in this Agreement. The provisions of this Section 3.17 shall survive the expiration or
<br />earlier termination of this Agreement and the issuance of a Certificate of Completion for the
<br />Project and shall be assumed by any successor to Developer's interest in this Agreement.
<br />Developer's indemnification obligations set forth in this Section shall not apply to Claims to the
<br />extent arising from the gross negligence or willful misconduct of one or more of the lndemnitees.
<br />Developer's indemnification obligations set forth in this Section shall only apply to work
<br />performed by or on behalf of Developer or any entity affiliated with Developer, including
<br />without limitation, a Controlled Affiliate or an entity controlled by or under common control
<br />with Developer.
<br />3.18 Compliance with Laws. In connection with development and construction of the
<br />Project, Developer shall comply, and shall cause its contractors to comply with all applicable
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