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in connection with the construction or operation of the Improvements, provided that no Indemnitee shall be
<br /> entitled to indemnification under this Section for matters caused by such Indemnitee's gross negligence or
<br /> willful misconduct. The obligations of Participant under this Section shall survive the expiration or
<br /> termination of this Agreement and the making and repayment of the Loan.
<br /> 3.6 OBLIGATION TO REFRAIN FROM DISCRIMINATION. Participant shall not restrict the
<br /> rental, sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, or any portion
<br /> thereof, on the basis of race, color, religion, creed, sex, sexual orientation, disability, marital status,
<br /> ancestry, or national origin of any person. Participant covenants for itself and all persons claiming under or
<br /> through it, and this Agreement is made and accepted upon and subject to the condition that there shall be
<br /> no discrimination against or segregation of any person or group of persons on account of any basis listed in
<br /> subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections
<br /> 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section
<br /> 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or
<br /> enjoyment of the Property or part thereof, nor shall Participant or any person claiming under or through
<br /> Participant establish or permit any such practice or practices of discrimination or segregation with reference
<br /> to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or
<br /> vendees in, of, or for the Property or part thereof. Participant shall include such provision in all deeds,
<br /> leases, contracts and other instruments executed by Participant, and shall enforce the same diligently and
<br /> in good faith.
<br /> All deeds, leases or contracts made or entered into by Participant, its successors or assigns, as to any
<br /> portion of the Property or the Improvements shall contain the following language:
<br /> (a) In Deeds,the following language shall appear:
<br /> "Grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or
<br /> through it, that there shall be no discrimination against or segregation of a person or of a group of persons
<br /> on account of any basis listed in subdivision (a) or(d)of Section 12955 of the Government Code, as those
<br /> bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of
<br /> Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use,
<br /> occupancy, tenure or enjoyment of the property herein conveyed nor shall the grantee or any person
<br /> claiming under or through the grantee establish or permit any such practice or practices of discrimination or
<br /> segregation with reference to the selection, location, number, use or occupancy of tenants, lessees,
<br /> subtenants, sublessees or vendees in the property herein conveyed. The foregoing covenant shall run with
<br /> the land."
<br /> (b) In Leases,the following language shall appear:
<br /> "The lessee herein covenants by and for the lessee and lessee's heirs, personal representatives and
<br /> assigns, and all persons claiming under the lessee or through the lessee, that this lease is made subject to
<br /> the condition that there shall be no discrimination against or segregation of any person or of a group of
<br /> persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin,
<br /> ancestry or disability in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the
<br /> property herein leased nor shall the lessee or any person claiming under or through the lessee establish or
<br /> permit any such practice or practices of discrimination of segregation with reference to the selection,
<br /> location, number, use or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the
<br /> property herein leased."
<br /> 5 Capital Improvement Loan Agreement-HCEB
<br /> October 1,2017
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