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The Certificate of Completion shall be issued substantially in the form attached hereto
<br />as Exhibit C, and at Developer’s option, shall be recorded in the Official Records. The
<br />Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any
<br />obligation of Developer to any holder of a deed of trust or mortgage securing money loaned to
<br />finance the Project or any part thereof and shall not be deemed a notice of completion under the
<br />California Civil Code, nor shall such Certificate provide evidence that Developer has satisfied
<br />any obligation that survives the expiration of this Agreement, including without limitation,
<br />Developer’s obligations pursuant to the Regulatory Agreement.
<br />3.16 Equal Opportunity. During the construction of the Project, there shall be no
<br />discrimination on the basis of race, color, religion, creed, sex, sexual orientation, marital status,
<br />ancestry or national origin in the hiring, firing, promoting or demoting of any person engaged in
<br />construction of the Project, and Developer shall direct its contractors and subcontractors to
<br />refrain from discrimination on such basis.
<br />3.17 Prevailing Wage Requirements. To the extent, and if, required by applicable
<br />federal and state laws, rules and regulations, Developer and its contractors and agents shall
<br />comply with California Labor Code Section 1720 et seq. and applicable federal labor laws and
<br />standards, and the regulations adopted pursuant thereto (“Prevailing Wage Laws”), and shall be
<br />responsible for carrying out the requirements of such provisions. Developer shall submit to City
<br />a plan for monitoring payment of prevailing wages and shall implement such plan at Developer’s
<br />expense.
<br />Developer shall indemnify, defend (with counsel approved by City) and hold the City,
<br />and 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 or the requirement
<br />of competitive bidding in the construction of the Project, the failure to comply with any state or
<br />federal labor laws, regulations or standards in connection with this Agreement, including but not
<br />limited to the Prevailing Wage Laws, or any act or omission of Developer related to this
<br />Agreement with respect to the payment or requirement of payment of prevailing wages or the
<br />requirement of competitive bidding, whether or not any insurance policies shall have been
<br />determined to be applicable to any such Claims. It is further agreed that City does not and shall
<br />not 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. The provisions of this Section 3.17 shall
<br />survive the expiration or earlier termination of this Agreement and the issuance of a Certificate
<br />of Completion for the Project. Developer’s indemnification obligations under this Section 3.17
<br />shall not apply to any Claim which arises as a result of an Indemnitee’s gross negligence or
<br />willful misconduct. Developer's indemnification obligations set forth in this Section shall only
<br />apply to work performed by or on behalf of Developer or any entity affiliated with Developer, or
<br />BRIDGE Housing Corporation.
<br />144\259\1892880.4
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