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grantee or any Person claiming under or through it, establish or permit any such practice or <br />practices of discrimination or segregation with reference to the selection, location, number, use or <br />occupancy of the Developers, lessees, sub -the Developers, sub -lessee, or vendees in the premises <br />herein conveyed. The foregoing covenants shall run with the land." <br />8.3.2 In Leases: "The Lessee herein covenants by and for itself, its successors <br />and assigns, and all persons claiming under or through them, and this lease is made and accepted <br />upon and subject to the following conditions: That there shall be no discrimination against or <br />segregation of any Person or group of persons, on account of race, color, creed, religion, gender, <br />sexual orientation, marital status, national origin, or ancestry, in the leasing, subleasing, <br />transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee <br />itself, or any Person claiming under or through it, establish or permit any such practice or practices <br />of discrimination or segregation with reference to the selection, location, number, use, or <br />occupancy, of the Developers lessees, sub -lessee, sub -the Developers, or vendees in the premises <br />herein leased." <br />8.3.3 In Contracts: "There shall be no discrimination against or segregation of <br />any Person or group of persons on account of race, color, creed, religion, gender, sexual <br />orientation, marital status, national origin, or ancestry, in the sale, lease, sublease, transfer, use, <br />occupancy, tenure, or enjoyment of the premises herein conveyed or leased, nor shall the transferee <br />or any Person claiming under or through it, establish or permit any such practice or practices of <br />discrimination or segregation with reference to the selection, location, number, use, or occupancy, <br />of the Developers, lessees, sub -lessees, sub -the Developers, or vendees of the premises herein <br />transferred." The foregoing provision shall be binding upon and shall obligate the contracting <br />party or parties and any subcontracting party or parties, or other transferees under the instrument. <br />8.4 Survival and Enforcement of Special Development Covenants. <br />8.4.1 Covenants Running with the Land. Each of the special development <br />covenants set forth in this ARTICLE 8 touch and concern the Property and constitute covenants <br />running with the Property and binding upon successive owners of the Property for the time period <br />set forth in each specific covenant. <br />8.4.2 Survival. Each such special development covenant shall survive the Close <br />of Escrow, execution and recordation of the City Deed and issuance and recordation of each and <br />every Certificate of Occupancy and any other document related to conveyance of the Property or <br />construction or installation of the Project, for the time period specifically set forth in each such <br />special development covenant. <br />8.4.3 Enforcement. These special development covenants may be enforced by <br />the City regardless of whether the City currently owns or continues to own an interest in any <br />property benefited by any such covenants. The Developer irrevocably stipulates and agrees that <br />breach of any of the special development covenants set forth in this ARTICLE 8 will result in great <br />and irreparable damage to the City, and will result in damages to the City that are either <br />impracticable or extremely difficult to quantify. Accordingly, upon the breach of any special <br />development covenant set forth in this ARTICLE 8, the City may institute an action for injunctive <br />relief and/or for damages regarding such breach. <br />43 <br />55394.00049\33239203.12 <br />