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(c) In Contracts
<br /> "There shall be no discrimination against or segregation of any person or group of persons on account of
<br /> any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are
<br /> defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1)of subdivision (p)of Section 12955,
<br /> and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy,
<br /> tenure or enjoyment of the property nor shall the transferee or any person claiming under or through the
<br /> transferee establish or permit any such practice or practices of discrimination or segregation with reference
<br /> to selection, location, number, use or occupancy of tenants, lessee, subtenants, sublessees or vendees of
<br /> the land."
<br /> 3.7 USE OF PROPERTY: A Participant may not change the use or planned use of any such
<br /> property (including the beneficiaries of such use) from that for which the Improvements were made unless
<br /> the Participant provides the City with reasonable notice of, and opportunity to comment on, any proposed
<br /> change,
<br /> 3.8 TAXES AND OTHER LIABILITIES. Participant shall pay and discharge when due any and
<br /> all indebtedness, obligations, assessments, taxes, including federal and state payroll and income taxes
<br /> which are the obligations of Participant in relation to the Property or the Improvements except those that
<br /> Participant may in good faith contest or as to which a bona fide dispute may arise, provided provision is
<br /> make to the satisfaction of City for eventual payment thereof in the event that it is found that the same is an
<br /> obligation of Participant.
<br /> 3.9 HAZARDOUS MATERIALS.
<br /> 3.9.1 Covenants. Participant shall not cause or permit any Hazardous Materials (as
<br /> defined below)to be brought upon, kept, stored or used in, on, or about the Property by Participant, or the
<br /> agents, employees, contractors or invitees of Participant except for materials commonly used in
<br /> construction activities similar to those related to the Improvements, or in the operation and maintenance of
<br /> the Property and the Improvements, in each case in compliance with all applicable laws, and shall not
<br /> cause any release of Hazardous Materials into, onto, under or through the Property. If any Hazardous
<br /> Material is discharged, released, dumped, or spilled in, on, under, or about the Property and results in any
<br /> contamination of the Property or adjacent property, or otherwise results in the release or discharge of
<br /> Hazardous Materials in, on, under or from the Property, Participant shall promptly take all actions at
<br /> Participant's sole expense as are necessary to comply with all Environmental Laws(as defined below).
<br /> "Hazardous Materials" means any substance, material or waste which is or becomes regulated
<br /> by any federal, state or local governmental authority, and includes without limitation (i) petroleum or oil or
<br /> gas or any direct or indirect product or by-product thereof; (ii) asbestos and any material containing
<br /> asbestos; (iii) any substance, material or waste regulated by or listed (directly or by reference) as a
<br /> "hazardous substance", "hazardous material", "hazardous waste", "toxic waste", "toxic pollutant", "toxic
<br /> substance", "solid waste"or"pollutant or contaminant" in or pursuant to, or similarly identified as hazardous
<br /> to human health or the environment in or pursuant to, the Toxic Substances Control Act[15 U.S.C. 2601, et
<br /> seq.]; the Comprehensive Environmental Response, Compensation and Liability Act [42 U.S.C. Section
<br /> 9601, et seq.], the Hazardous Materials Transportation Authorization Act[49 U.S.C. Section 5101, et seq.],
<br /> the Resource Conservation and Recovery Act [42 U.S.C. 6901, et seq.], the Federal Water Pollution
<br /> 6 Capital Improvement Loan Agreement-HCEB
<br /> October 1,2017
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