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which may also include commercial space such as a daycare center, in accordance with the terms
<br />and conditions of this Agreement and the Regulatory Agreement_
<br />5.2 Maintenance. Developer shall at its own expense, maintain the Property, the
<br />Improvements and related landscaping and common areas in good physical condition, in good
<br />repair, and in decent, safe, sanitary, habitable and tenantable living conditions in conformity with
<br />all applicable state, federal, and local laws, ordinances, codes, and regulations. Without limiting
<br />the foregoing, Developer agrees to maintain the Project and the Property (including without
<br />]imitation, the residential units, common areas, landscaping, driveways, parking areas, and
<br />walkways) in a condition free of all waste, nuisance, debris, unmaintained landscaping, graffiti,
<br />disrepair, abandoned vehicles/appliances, and illegal activity, and shall take all reasonable steps
<br />to prevent the same from occurring on the Property or at the Project. Developer shall prevent
<br />andlor rectify any physical deterioration of the Property and the Project and shall make all
<br />repairs, renewals and replacements necessary to keep the Property and the improvements
<br />located thereon in good condition and repair. Developer shall provide adequate security for
<br />occupants of the Project. The provisions of this Section 5.2 shall apply from and after
<br />Developer's acquisition of a leasehold interest in the Property.
<br />5.3 Taxes and Assessments. From and after Developers acquisition of a leasehold
<br />interest in the Property, Developer shall pay all real and persona] property taxes, assessments and
<br />charges and all franchise, income, payroll, withholding, sales, and other taxes assessed against
<br />the Property or the Improvements and payable by Developer, at such times and in such manner
<br />as to prevent any penalty from accruing, or any lien or charge from attaching to the Property or
<br />the Improvements; provided, however, that Developer shall have the right to contest in good
<br />faith, any such taxes, assessments, or charges. In the event the Developer exercises its right to
<br />contest any tax, assessment, or charge, the Developer, on final determination of the proceeding
<br />or contest, shall immediately pay or discharge any decision or judgment rendered against it,
<br />together with all costs, charges and interest.
<br />5.4 Obligation to Refrain from Discrimination. From and after Developer's
<br />acquisition of a leasehold interest in the Property, Developer shall not restrict the rental, sale,
<br />lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property or the
<br />Improvements, 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. Developer
<br />covenants for itself and all persons claiming under or through it, and this Agreement 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 l 2955 of the Government Code, as those bases are defined in Sections 12926,
<br />]2926.], subdivision (m) and paragraph (1) of subdivision (p) of Section ]2955, and Section
<br />129552 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or
<br />enjoyment of the Property or part thereof, nor shall Developer or any person claiming under or
<br />through Developer establish or permit any such practice or practices of discrimination or
<br />segregation with reference to the selection, location, number, use or occupancy of tenants,
<br />lessees, subtenants, sublessees or vendees in, of, or for the Property or the Improvements or part
<br />thereof Developer shall include such provision in all deeds, leases, contracts and other
<br />instruments executed by Developer, and shall enforce the same diligently and in good faith.
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