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(c) In contracts: "There shall be no discrimination against or segregation of, any
<br /> person, or group of persons on account of race, color, creed, religion, sex, marital status, national
<br /> origin, or ancestry, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the
<br /> premises, nor shall the transferee himself or herself or any person claiming under or through him or
<br /> her, establish or permit any such practice or practices of discrimination or segregation with reference
<br /> to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or
<br /> vendees of the premises."
<br /> 7. Agency Right of Reentry. The Agency has the right, at its election, to reenter and
<br /> take possession of the Property, with all improvements thereon, and terminate and revest in the
<br /> Agency the estate conveyed to the Developer if after the Agency Conveyance and prior to the fifth
<br /> anniversary of the issuance of the Certificate of Completion, the Developer (or its successors in
<br /> interest) shall:
<br /> a. fail to start the construction of the Developer Improvements as required by •
<br /> the DDA for a period of thirty (30) days after written notice thereof from the Agency; or
<br /> b. abandon or substantially suspend construction of the Developer
<br /> Improvements required by the DDA for a period of thirty (30) days after written notice thereof from
<br /> the Agency; or
<br /> c. contrary to the provisions of Section 5.03 of the DDA transfer or suffer any
<br /> involuntary Transfer in violation of the DDA.
<br /> Such right to reenter, terminate and revest shall be subject to and be limited by and
<br /> shall not defeat, render invalid or limit:
<br /> . 1. Any mortgage or deed of trust permitted by the DDA: or
<br /> 2. Any rights or interests provided in the DDA for the protection of the holders
<br /> of such mortgages or deeds of trust.
<br /> Upon the revesting in the Agency of title to the Property as provided in this Section 6,
<br /> the Agency shall, pursuant to its responsibilities under state law, use its reasonable efforts to resell
<br /> the Property as soon and in such manner as the Agency shall find feasible and consistent with the
<br /> objectives of such law and of the Redevelopment Plan, as it exists or may be amended, to a qualified
<br /> and responsible party or parties (as determined by the Agency) who will assume the obligation of
<br /> making or completing the Developer Improvements, or such improvements in their stead as shall be
<br /> satisfactory to the Agency and in accordance with the uses specified for such Property or part thereof
<br /> in the Redevelopment Plan. The Developer acknowledges that there may be substantial delays
<br /> experienced by the Agency if the Agency must remarket the Property for operation of a Conforming
<br /> Office Facility following the revesting of the Property in the Agency. Upon such resale of the
<br /> Property, the net proceeds thereof after repayment of any mortgage or deed of trust encumbering the
<br /> Property which is permitted by this deed and the DDA, shall be applied:
<br /> First, to reimburse the Agency, on its own behalf or on behalf of the
<br /> City, all costs and expenses incurred by the Agency, excluding City and Agency staff costs, but
<br /> specifically, including, but not limited to, any expenditures by the Agency or the City in connection
<br /> with the recapture, management and resale of the Property or part thereof (but less any income
<br /> C -8
<br /> DOCSOC\74604 I v4',24258.0002
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