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recordation of a Certificate of Completion. It is further agreed that City does not, and shall not,
<br />waive any rights against Developer which it may have by reason of this indemnity and hold
<br />harmless agreement because of the acceptance by City, or Developer's deposit with City of any
<br />of the insurance policies described in this Agreement. Developer's indemnification obligations
<br />pursuant to this Section shall not extend to Claims arising due to the gross negligence or willful
<br />misconduct of the Indemnitees.
<br />4.13 Certificate of Completion for Project. Promptly after completion of construction
<br />of the Project, issuance of a final Certificate of Occupancy by the City and the written request of
<br />Developer, the City will provide an instrument ( "Certificate of Completion ") so certifying. The
<br />Certificate of Completion shall be conclusive evidence that Developer has satisfied its
<br />obligations regarding the development of the Property.
<br />At Developer's option, the Certificate of Completion shall be recorded in the Official
<br />Records. The Certificate of Completion shall not constitute evidence of compliance with or
<br />satisfaction of any obligation of Developer to any holder of a deed of trust or mortgage securing
<br />money loaned to finance the Project or any part thereof and shall not be deemed a notice of
<br />completion under the California Civil Code, nor shall such Certificate provide evidence that
<br />Developer has satisfied any obligation that survives the expiration of this Agreement.
<br />4.14 Equal Opportunity. There shall be no discrimination on the basis of race, color,
<br />religion, creed, sex, sexual orientation, marital status, ancestry or national origin in the hiring,
<br />firing, promoting or demoting of any person engaged in construction work on the Property, and
<br />Developer shall direct its contractors and subcontractors to refrain from discrimination on such
<br />basis.
<br />4.15 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 1720 et 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 applicable, Developer shall submit to City a plan for monitoring payment of
<br />prevailing wages and shall implement such plan at Developer's expense.
<br />Developer shall indemnify, defend (with counsel approved by City) and hold the City and
<br />its elected and appointed officers, officials, employees, agents, consultants, and contractors
<br />(collectively, the "Indemnitees ") harmless from and against all liability, loss, cost, expense
<br />(including without limitation attorneys' fees and costs of litigation), claim, demand, action, suit,
<br />judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the
<br />foregoing collectively "Claims ") which directly or indirectly, in whole or in part, are caused by,
<br />arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection
<br />with, or 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 parry
<br />claimants pursuant to Labor Code Sections 1726 and 178 1) or the requirement of competitive
<br />bidding in connection with the Project, the failure to comply with any state or federal labor laws,
<br />regulations or standards in connection with this Agreement, including but not limited to the
<br />Prevailing Wage Laws, or any act or omission of Developer related to this Agreement with
<br />respect to the payment or requirement of payment of prevailing wages or the requirement of
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