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respect to any action challenging the validity of this Agreement or any other actions of Agency
<br />in connection with approval of this Agreement, including without limitation, C QA Challenges.
<br />308# Rights f Access. Prior to the issuance of a Release of Construction Covenants
<br />with respect to each Please (as specified in Section 313 of this Agreement), for purposes of
<br />assuring compliance with this Agreement, representatives of the Agency shall have the right of
<br />reasonable access to any Phase of the Site that has not yet received a Release of Construction
<br />Covenants, without charges or fees, at normal construction hours during the period of
<br />construction for the purposes of this Agreement, including but not limited to, the inspection of
<br />the work being performed in constrUCtilIg the Developer Improvements s long as the Agency
<br />representatives comply with all safety miles. In exercising such entry right, the Agency shall not
<br />interfere with or disrupt the Developer's construction activlti s. The Agency r its
<br />representatives) shall, except in emergency situations, notify the Developer prior to exercising its
<br />rights purstiant to this Section 308, with a minimum 24 hours notice. In such evert, the Agency
<br />shall defend, indemnify and hold the Developer, its members, partners, employees, and officers,
<br />harmless with respect to any claim, demands, damages, defense costs, liability or expense
<br />(including, without limitation, reasonable attorneys" fees and court costs) of any bind or nature
<br />relating to the Agency's exercise of its right of access pursuant to this Section 308.
<br />309. Nondiscrimination in Employment. Developer certifies and agrees that all
<br />persons employed or applying for employment by it, its affiliates, subsidiaries, or holding
<br />companies, nies, and all subcontractors, bidders and vendors, are and will be treated equally by it
<br />without regard t o, or because of race, color, religion, ancestry, national al origin, sex, sexual
<br />orientation, age, pregnancy, childbirth or related inedic l condition, medical condition (cancer
<br />related) or physical or rental disability, and in compliance with Title X111 of the Civil Rights Act
<br />of 1964, 42 U.S.C. Section 2000, et se r., the Federal Equal Pay Act of 1963, 29 U.S.C.
<br />Section 206(d), the Age Discrimination its Employment Act of 1967, 29 U.S.C. Section 62 1,
<br />et se q,, the Immigration Reform and Control Act of 1986, 8 U.S.C. Section 1324b, e sect., 42
<br />U.S.C. Section 1981, the California Fair Employment and Housing Act, Cal. Government Code
<br />Section 12900, e ,sect. , the California Equal Pay Law, Cal. Labor Code Section 1197.5, Cal.
<br />Government Code Section 11135, the Americans with Disabilities Act, 42 U.S.C. Section 12101,
<br />el se q., and all other anti - discriinitiation laws and regulations of the United States and the State
<br />of California as they now exist or may hereafter be amended. The Developer shall allow
<br />representatives of the Agency access to its employment records related to this Agreement during
<br />regular business hours to verify compliance with these provisions when so requested by the
<br />Agency,
<br />310. Taxes and Assessments. Except to the extent exempt therefrom, the Developer
<br />shall pay prior to delinquency all ad valorem real estate taxes and assessments on each Phase of
<br />the Site attributable to periods subsequent to Closing for such Phase, subject to the Developer's
<br />right to contest in good faith any such taxes. Following the Closing for any Phase, the Developer
<br />shall remove o • have removed any levy or attachment made on any Phase of the Site or any part
<br />thereof, or assure the satisfaction thereof within a reasonable time. The Developer may apply for
<br />property tax abatement from the payment of all property taxes or assessments during the period
<br />of its ownership on any interest in or to the Site or any part thereof.
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