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• <br /> clearly fixed and determined, as herein provided, and that the covenants as to Equal Opportunity in <br /> Construction have been met pursuant to Section 4.08 below. Unless the Agency notifies the Participant in <br /> writing within fifteen(15)days of submission of the contract that the contract has been disapproved t shall be <br /> deemed approved. <br /> 4.08 Equal Opportunity. <br /> During the construction of the Improvements, Participant shall not discriminate on the basin of race, <br /> religion, sex, or national origin in the hiring, firing, promoting or demoting of any person engaged in the <br /> construction work and shall direct its contractors and subcontractors to refrain from discrimination' on such <br /> basis. <br /> 4.09 Certificate of Completion for Improvements. <br /> Promptly after completion of construction of the Improvements in accordance with the provisions of <br /> this Agreement and upon issuance of a certificate of occupancy by the City, the Agency shall provide an <br /> instrument so certifying provided that, at the time such certification is issued, the Improvements have been <br /> completed (hereafter "Certificate of Completion"). Such Certificate of Completion shall be conclusive <br /> determination that the covenants in this Agreement with respect to the obligations of Participant,its st,ccessors <br /> and assigns, to construct the Improvements and the dates for the beginning and completion of construction <br /> thereof have been met. Such Certificate of Completion shall be in such form as will enable it to be recorded <br /> among the official records of Alameda County. Such Certificate of Completion and determination shall not <br /> constitute evidence of compliance with or satisfaction of any obligation of Participant to any holder of a deed <br /> of trust securing money loaned to finance the Improvements or any part thereof and shall not be deemed a <br /> notice of completion under the California Civil Code. <br /> 4.10 Construction Bonds. <br /> Prior to commencing construction of the Improvements,Participant shall deliver to the Ager cy copies <br /> of any labor, material, and performance bonds which may be required by Participant's lenders,which bonds <br /> shall be issued by a reputable insurance company licensed to do business in California. Such bonds shall <br /> name the Agency as co-obligee. <br /> Article Five: USE AND MAINTENANCE OF THE SITE <br /> 5.01 Use of the Site. <br /> Participant,for itself, its successors and assigns, hereby covenants and agrees diligently :o perform <br /> in accordance with the following provisions("Operating Covenants"): <br /> (a) To open within thirty(30)days after completion of the Improvements,and to continue <br /> to operate the Dealership for no less than five(5)years from the date Participant satisfies all the req uirements <br /> for issuance of a Certificate of Completion for the Improvements; and <br /> Owner Participation Agreement Page 7 of 18 <br />