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(c) The violation of any law, rule, regulation, judgment, order, permit, license,
<br />agreement, covenant, restriction, requirement or the like by Borrower, its agents or contractors,
<br />relating to or governing in any way Hazardous Substances on, in, under, from or affecting the
<br />City Funded Improvements or the Project.
<br />(d) The failure of the Borrower, its agents or contractors, to properly
<br />complete, obtain, submit and/or file any and all notices, permits, licenses, authorizations,
<br />covenants and the like in connection with the Borrower's activities on the Properly or regarding
<br />the Project.
<br />(e) The implementation and enforcement by the Borrower, its agents or
<br />contractors of any monitoring, notification or other precautionary measures that may, at any
<br />time, become necessary to protect against the release, potential release or discharge of Hazardous
<br />Substances on, in, under, from or affecting the City Funded Improvements or the Project.
<br />(t) The failure of the Borrower, its agents or contractors, in compliance with
<br />all applicable Environmental haws, to lawfully remove, contain, transport or dispose of any
<br />Hazardous Substances existing, stored or generated on, in, under or from the City Funded
<br />Improvements or the Project.
<br />(g) Any investigation, inquiry, order, hearing, action or other proceeding by or
<br />before any Governmental Agency in connection with any Hazardous Substances on, in, under,
<br />from or affecting the Property or the Project or the violation of any Environmental Law relating
<br />to the City Funded Improvements or the Project.
<br />(h) The Borrower shall pay to the Indemnified Parties all costs and expenses
<br />including, without limitation, reasonable attorneys' fees and costs, incurred by the Indemnified
<br />Parties in connection with enforcement of the aforementioned environmental indemnity.
<br />(1) Notwithstanding anything to the contrary in this Section 4.3, Borrower
<br />shall have no obligation to indemnify any of the Indemnified Parties with respect to
<br />Environmental Matters or Environmental Claims to the extent relating to or arising from the
<br />active negligence or willful misconduct of any of the Indemnified Parties.
<br />a) Survival of Environmental Indemnity Obligations. The Environmental
<br />Indemnity obligations under this Section 4.3 shall survive the expiration or earlier termination of
<br />this Agreement, until all claims against any of the Indemnitees involving any of the indemnified
<br />matters are fully, finally, absolutely and completely barred by applicable statutes of limitations..
<br />Section 4.4 Nondiscrimination. Borrower for itself, its successors and assigns to
<br />all or any part or portion of the Property and/or Project, covenants and agrees that there
<br />shall be no discrimination against or segregation of any person, or group of persons, on
<br />account of sex, marital status, race, color, religion, creed, national origin or ancestry in the
<br />sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property nor shall
<br />Borrower, itself or any person claiming under or through it, establish or permit any such
<br />practice or practices of discrimination or segregation with reference to the selection,
<br />location, number, use or occupancy of tenants, lessees, sub -tenants, sub -lessees or vendees
<br />of the Property. Subdivisions (d) of Section 51 and Section 1360 of the Civil Code and
<br />subdivision (n), (o), and (p) of Section 12955 of the Government Code shall apply to this
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