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5.3 Nondiscrimination Borrower shall not discriminate against any prospective tenant in the use, enjoyment, occupancy, conveyance, lease, sublease, or rental of any part of the Project on the basis of race, color, ancestry, national origin, religion, sex, sexual preference, age, marital status, family status, source of income, physical or mental disability, Acquired Immune Deficiency Syndrome (AIDS) or AIDS - related conditions (ARC), or any other arbitrary basis. Borrower shall otherwise comply with all applicable local, state, and federal laws concerning discrimination in housing. 5.4 Amendment This Agreement may be amended only by a writing signed by authorized representatives of the City and Borrower; the City Manager or his or her designee shall be authorized to act on behalf of the City. 5.5 Notices Any notice required or authorized under this Agreement shall be effective if, and only if, in writing and if, and only if, mailed, postage prepaid, by registered or certified mail, to the party in question at the address shown below: City: City of San Leandro 835 East 14 Street San Leandro, CA 94577 Attn: City Manager Borrower: Alameda Housing Associates, L.P.. 345 Spear Street, Suite 700 San Francisco, CA 94105 Attn: President 5.6 No Waiver No failure to enforce or delay in enforcing or exercising any right or remedy available under this Agreement shall impair the exercise of such right or remedy or the exercise of a similar right or remedy on a subsequent occasion. 5.7 Severabili1y Should any provision of this Agreement be found invalid by a court or other body of competent jurisdiction, said invalidity or ineffectiveness shall not affect the validity of the remaining provisions which shall remain in force to the maximum extent possible. 5.8 Titles and Headings The titles and headings in this Agreement are for convenience only and shall not be construed to affect the meaning or construction of any provision of this Agreement. 5.9 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 5.10 Attorneys' Fees The prevailing parry shall be entitled to receive the amount of its legal expenses, including reasonable attorneys' fees, expert legal fees and other legal costs and expenses, in the event of any legal action brought under or to enforce the provisions of this Agreement. 1908324.5