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discrimination or segregation with reference to the selection, location, number, use or <br />occupancy of tenants, lessees, subtenants, sublessees, or vendors of the Property. <br /> <br />(b) In Affordable Housing Restrictions. The foregoing covenant <br />shall: (a) be included in the Affordability Restrictions on Transfer of Property; (b) run with <br />the land; and, (c) remain effective for the term of the Agreement (for 55 years). <br /> <br />(c) In Employment. In construction on the Property, Developer shall <br />not discriminate against any employee or applicant because of race, color, creed, religion, <br />sex, marital status, disability, national origin, or ancestry. Developer shall take affirmative <br />action to ensure that applicants are employed, and that employees are treated during <br />employment, without regard to their race, color, disability, creed, religion, sex, marital <br />status, disability, national origin, or ancestry. <br /> <br />(d) In all Contracts. Developer shall cause the foregoing covenants to <br />be inserted in all contracts for any work covered by this Agreement so that such provisions <br />will be binding upon each contractor for the benefit of Agency, provided that the foregoing <br />covenant shall not apply to contracts or subcontracts for standard commercial supplies or <br />raw materials. <br /> <br />11. OTHER AFFIRMATIVE COVENANTS <br /> <br />While any obligation of Developer under the Agency Promissory Note or Agency <br />Deed of Trust remain outstanding, the following provisions shall apply, except to the extent <br />that City Project Manager otherwise consents in writing: <br /> <br />11.1 Protection of Lien. Developer shall maintain the lien of the Agency Deed <br />of Trust as a deed of trust on the Property in the same priority as at the commencement of <br />construction and take all actions to execute and deliver to Agency all documents, <br />reasonably required by Agency from time to time in connection therewith. <br /> <br />11.2 Notice of Certain Matters. Developer shall give notice to Agency, within <br />ten (10) days of Developer's learning thereof, of each of the following: <br /> <br />(a) any filed litigation or claim affecting or relating to the Property and <br />involving an amount in excess of $50,000; and any litigation or claim that might subject <br />Developer to liability in excess of $50,000, that is not covered by insurance; <br /> <br />(b) any dispute between Developer and a Governmental Authority <br />relating to the Property, the adverse determination of which might materially affect the <br />Property; <br /> <br />(c) any change in Developer's principal place of business; <br /> <br />(d) any aspect of the Improvements that is not in substantial conformity <br />with the plans or code; <br /> <br />EXHIBIT 4