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<br />restriction contained in this Agreement or any amendment hereto, shall render the lien of any
<br />mortgage, deed of trust or other security agreement or instrument invalid; provided that, such
<br />Mortgagee shall take title to the Parcel or portion thereof subject to the obligations under this
<br />Agreement. Any Mortgagee, upon written request to an Owner, shall be entitled to receive
<br />written notification from such Owner of any default in the performance of the obligations
<br />imposed by this Agreement by the Owner whose Parcel is encumbered by such Mortgagee’s
<br />mortgage concurrently with the delivery of such notice to the defaulting Owner; provided,
<br />however, an Owner shall only be obligated to provide such notice to Mortgagees who have
<br />delivered a written request therefor to the Owner specifying the Parcel to which such request
<br />relates. In addition to the foregoing, any Mortgagee who has delivered to an Owner the written
<br />notification described in the preceding sentence shall have the right to receive written notice of
<br />the expiration of any cure period applicable to any default by the Owner whose Parcel secures
<br />the Mortgagee’s mortgage, and such Mortgagee shall be provided with not less than ten (10)
<br />business days after the delivery of such second notice to the Mortgagee to cure such default on
<br />behalf of its mortgagor prior to the other Owner’s enforcement of its right to foreclose upon the
<br />defaulting Owner’s Parcel pursuant to this Agreement.
<br />(c) As used in this Agreement, the term “Mortgage” shall mean any duly recorded mortgage
<br />or deed of trust encumbering a Parcel, and the term “Mortgagee” shall mean the mortgagee or
<br />beneficiary under any Mortgage.
<br />(d) The Owners, without the obligation to take on any financial or other liability, hereby
<br />agree to and will reasonably cooperate with each other and execute any and all documentation
<br />that may be requested by the other in order to facilitate the obtaining of a Mortgage on such
<br />Owner’s Parcel.
<br />13. Obligation to Refrain from Discrimination. There shall be no discrimination on the basis
<br />of race, color, religion, creed, sex, sexual orientation, marital status, ancestry or national origin in
<br />the hiring, firing, promoting or demoting of any person engaged in construction work in the
<br />Property, and each Owner and tenant shall direct its contractors and subcontractors to refrain
<br />from discrimination on such basis. Additionally, each Owner and Lessee shall not restrict the
<br />rental, sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, or any
<br />portion thereof, on the basis of race, color, religion, creed, sex, sexual orientation, disability,
<br />marital status, ancestry, or national origin of any person. City covenants for itself and all persons
<br />claiming under or through it that there shall be no discrimination against or segregation of any
<br />person or group of persons on account of any basis listed in subdivision (a) or (d) of Section
<br />12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1,
<br />subdivision (n) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of
<br />the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment
<br />of the Property or part thereof, nor shall any City or any Owner or tenant, or any person claiming
<br />under or through any of them respectively, establish or permit any such practice or practices of
<br />discrimination or segregation with reference to the selection, location, number, use or occupancy
<br />of tenants, lessees, subtenants, sublessees or vendees in, of, or for the Property or part thereof.
<br />Each Owner and tenant shall include this provision in all deeds, leases, contracts and other
<br />instruments executed by such Owner or tenant, and shall enforce the same diligently and in good
<br />faith.
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