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3/30/11
<br />No delay or omission on the part of the City in exercising any right under the Note or this
<br />Loan Agreement shall operate as a waiver of such right.
<br />14. Force Maieure.
<br />Performance hereunder shall not be deemed to be in default where delays or
<br />defaults are due to: war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires;
<br />casualties; acts of God or other deities; acts of the public enemy; epidemics; quarantine
<br />restrictions; freight embargoes; lack of transportation; governmental restrictions or
<br />priority; litigation; unusually severe weather; inability to secure necessary labor,
<br />materials or tools; delays of any contractor or supplier; acts of the other party; acts or
<br />failure to act of the City or any other public or governmental City or entity (except that
<br />any act or failure to act of City shall not excuse performance by City); or any other
<br />causes beyond the reasonable control or without the fault of the party claiming an
<br />extension of time to perform. An extension of time for any such cause shall be for the
<br />period of the enforced delay and shall commence to run from the time the party claiming
<br />such extension gives notice to the other party, provided notice by the party claiming such
<br />extension is given within thirty (30) days after the commencement of the cause. Times of
<br />performance under this Agreement may also be extended in writing by the City and the
<br />Borrower.
<br />15. Nondiscrimination.
<br />A. There shall be no discrimination against or segregation of any person, or
<br />group of persons, on account of race, color, disability, religion, sex, marital status,
<br />national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or
<br />enjoyment of the Property, or any part thereof, nor shall Borrower or any person claiming
<br />under or through Borrower establish or permit any such practice or practices of
<br />discrimination or segregation with reference to the selection, location, number, use or
<br />occupancy of tenants, lessees, subtenants, or vendees of the Property. The foregoing
<br />covenants shall run with the land and shall remain in effect in perpetuity.
<br />B. Borrower covenants by and for itself, its successors and assigns, and all
<br />persons claiming under or through them that there shall be no discrimination against or
<br />segregation of, any person or group of persons on account of any basis listed in
<br />subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are
<br />defined in Sections 12926, 12926. 1, subdivision (m) and paragraph (1) of subdivision (p)
<br />of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease,
<br />sublease, transfer, use, occupancy, tenure, or enjoyment of the Property, nor shall the
<br />grantee or any person claiming under or through him or her, establish or permit any
<br />practice or practices of discrimination or segregation with reference to the selection,
<br />location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees
<br />in the Properties. Developer shall refrain from restricting the rental, sale or lease of the
<br />Property or any portion thereof on the basis of any of the characteristics listed above.
<br />Developer shall also comply with the equal opportunity and fair housing requirements set
<br />forth in applicable NSP Regulations. The foregoing covenants shall run with the land
<br />Page 8 of 14
<br />Exhibit 2
<br />25E-12
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