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PLANNING COMMISSION DRAFT
<br />SUBJECT TO CITY COUNCIL APPROVAL
<br />8.12 Non -Discrimination. In performing its obligations under this Agreement,
<br />Developer shall not discriminate because of race, color, creed, religion, sex, gender, gender
<br />identity, gender expression, marital status, sexual orientation, familial status, source of income,
<br />veteran or military status, age, national origin, ancestry, disability or genetic information, as
<br />defined and prohibited by applicable law, in the recruitment, selection, training, utilization,
<br />promotion, termination or other related activities. Developer affirms that it is an equal
<br />opportunity employer and shall comply with all applicable federal, state and local laws and
<br />regulations.
<br />8.13 Third Party Beneficiaries. No person or entity, other than City and Developer
<br />shall have any right of action based upon any provision of this Agreement.
<br />8.14 Force Mai eure. Neither Party shall be deemed to be in default where failure or
<br />delay in performance of any of its obligations under this Agreement is caused by floods,
<br />earthquakes, other Acts of God, fires, pandemics as declared by federal, state, or local emergency
<br />resolution, wars, riots or similar hostilities, strikes and other labor difficulties beyond the Party's
<br />control (including the Party's employment force), court actions (such as restraining orders or
<br />injunctions), or other causes beyond the Party's control, including delays by any governmental
<br />entity (although the City may not benefit from this provision for a delay that results from City's
<br />failure to perform its obligations under this Agreement), or an insurance company of either party.
<br />If any such events shall occur, the term of this Agreement and the time for performance by either
<br />Party of any of its obligations hereunder may be extended by the written agreement of the Parties
<br />for the period of time that such events prevented such performance.
<br />8.15 Mutual Covenants. The covenants contained herein are mutual covenants and
<br />also constitute conditions to the concurrent or subsequent performance by the Party benefited
<br />thereby of the covenants to be performed hereunder by such benefited Party.
<br />8.16 Successors in Interest. The burdens of this Agreement shall be binding upon,
<br />and the benefits of this Agreement shall inure to, all permitted successors in interest to the
<br />Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable
<br />servitudes and constitute covenants running with the land. Each covenant to do or refrain from
<br />doing some act hereunder with regard to development of the Property: (a) is for the benefit of
<br />and is a burden upon every portion of the Property; (b) runs with the Property and each portion
<br />thereof, and (c) is binding upon each Party and each successor in interest approved pursuant to
<br />this Agreement during ownership of the Property or any portion thereof.
<br />8.17 Counterparts. This Agreement may be executed by the Parties in counterparts,
<br />which counterparts shall be construed together and have the same effect as if all of the Parties
<br />had executed the same instrument.
<br />8.18 Jurisdiction and Venue. Any action at law or in equity under this Agreement
<br />or brought by a Party hereto for the purpose of enforcing, construing or determining the validity
<br />of any provision of this Agreement shall be filed and tried in the Superior Court of the County of
<br />Orange, State of California, or to the extent allowed by law, in the federal court district covering
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<br />55394.00101\n^^^'�.-.a4,7 ' 42998272.1
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