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construction of the Project, and Developer shall direct its contractors and subcontractors to
<br />refrain from discrimination on such basis.
<br />;.17 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 required by California law or City policy, Developer shall submit to City a
<br />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 City) and hold the City, and its elected and appointed officers, officials,
<br />employees, agents, consultants, and contractors (collectively, the "Indemnitees ") harmless from
<br />and against all liability, loss, cost, expense (including without limitation attorneys' fees and costs
<br />of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty,
<br />deficiency, fine, order, and damage (all of the foregoing collectively "Claims ") which directly or
<br />indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or
<br />are alleged to be caused by, arise in connection with, or relate to, the payment or requirement of
<br />payment of prevailing wages (including without limitation, all claims that may be made by
<br />contractors, subcontractors or other third party claimants pursuant to Labor Code Sections 1726
<br />and 1781), the failure to comply with any state or federal labor laws, regulations or standards in
<br />connection with this Agreement, including but not limited to the Prevailing Wage Laws, or any
<br />act or omission of Developer related to this Agreement with respect to the payment or
<br />requirement of payment of prevailing wages, whether or not any insurance policies shall have
<br />been determined to be applicable to any such Claims. It is further agreed that City does not and
<br />shall not waive any rights against Developer which it may have by reason of this indemnity and
<br />hold harmless agreement because of the acceptance by City, or Developer's deposit with City of
<br />any of the insurance policies described in this Agreement. The provisions of this Section 3.17
<br />shall survive the expiration or earlier termination of this Agreement and the issuance of a
<br />Certificate of Completion for the Project and shall be assumed by any successor to Developer's
<br />interest in this Agreement. Developer's indemnification obligations set forth in this Section shall
<br />not apply to Claims to the extent arising from the gross negligence or willful misconduct of one
<br />or more of the Indemnitees. Developer's indemnification obligations set forth in this Section
<br />shall only apply to work performed by or on behalf of Developer or any entity affiliated with
<br />Developer, including without limitation, a Controlled Affiliate or an entity controlled by or under
<br />common control 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
<br />federal, state and local laws, rules, ordinances and regulations, including without limitation, all
<br />applicable federal and state labor laws and standards, applicable provisions of the California
<br />Public Contracts Code (if any), the City zoning and development standards, building, plumbing,
<br />mechanical and electrical codes, all other provisions of the City's Municipal Code, and all
<br />applicable disabled and handicapped access requirements, including without limitation,
<br />applicable provisions of the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq.,
<br />Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the
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