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<br />5055770.1 15
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<br /> 6.3 Taxes and Assessments. Developer shall pay all real and personal property taxes,
<br />assessments and charges and all franchise, income, payroll, withholding, sales, and other taxes
<br />assessed against the Property and payable by Developer, at such times and in such manner as to
<br />prevent any penalty from accruing, or any lien or charge from attaching to the Property;
<br />provided, however, that Developer shall have the right to contest in good faith, any such taxes,
<br />assessments, or charges. In the event the Developer exercises its right to contest any tax,
<br />assessment, or charge, the Developer, on final determination of the proceeding or contest, shall
<br />immediately pay or discharge any decision or judgment rendered against it, together with all
<br />costs, charges and interest. Developer shall have the right to apply for all applicable tax
<br />exemptions, including, without limitation, the welfare exemption from property tax for low-
<br />income housing.
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<br />6.4 Obligation to Refrain from Discrimination. Developer shall not restrict the rental,
<br />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. Developer covenants for itself and all
<br />persons claiming under or through it, and this Agreement is made and accepted upon and subject
<br />to the condition that there shall be no discrimination against or segregation of any person or
<br />group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the
<br />Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and
<br />paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code,
<br />in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property or part
<br />thereof, nor shall Developer or any person claiming under or through Developer establish or
<br />permit any such practice or practices of discrimination or segregation with reference to the
<br />selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or
<br />vendees in, of, or for the Property or part thereof. Developer shall include such provision in all
<br />deeds, leases, contracts and other instruments executed by Developer, and shall enforce the same
<br />diligently and in good faith.
<br />ARTICLE VII
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<br />LIMITATIONS ON CHANGE IN OWNERSHIP, MANAGEMENT
<br />AND CONTROL OF DEVELOPER
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<br /> 7.1 Change Pursuant to this Agreement. Developer has represented that it possess the
<br />necessary expertise, skill and ability to carry out the development of the Project on the Property
<br />pursuant to this Agreement. The qualifications, experience, financial capacity and expertise of
<br />Developer is of particular concern to the City. It is because of these qualifications, experience,
<br />financial capacity and expertise that the City has entered into this Agreement with Developer.
<br />No voluntary or involuntary successor, assignee or transferee of Developer shall acquire any
<br />rights or powers under this Agreement, except as expressly provided herein.
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<br /> 7.2 Prohibition on Transfer. Prior to the expiration of the term of the Regulatory
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