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"Notwithstanding the immediately preceding paragraph, with respect to
<br />familial status, the immediately preceding paragraph shall not be construed to apply to housing
<br />for older persons, as defined in Section 12955.9 of the Government Code. With respect to
<br />familial status; nothing in the immediately preceding paragraph shall. be construed to affect
<br />Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for
<br />senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and
<br />subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to the
<br />immediately preceding paragraph."
<br />c. In contracts: "There shall be no discrimination against or
<br />segregation of, any person or group of persons on account of any basis listed in subdivision (a) or
<br />(d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926,
<br />12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section
<br />12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or
<br />enjoyment of the premises which are the subject of this Agreement, nor shall the grantee or any
<br />person claiming under or through him or her, establish or permit any practice or practices of
<br />discrimination or segregation with reference to the selection, location, number, use or occupancy
<br />of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The
<br />foregoing covenants shall run with the land."
<br />"Notwithstanding the immediately preceding paragraph, with respect to
<br />familial status, the immediately preceding paragraph shall not be construed to apply to housing
<br />for older persons, as defined in Section 12955.9 of the Government Code. With respect to
<br />familial status, nothing in the immediately preceding paragraph shall be construed to affect
<br />Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for
<br />senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and
<br />subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to the
<br />immediately preceding paragraph."
<br />d. The foregoing covenants shall, without regard to technical
<br />classification and designation, be binding for the benefit and in favor of Agency, its successors
<br />and assigns, any occupants of the Sites, and any successor in interest to the Sites. The covenants
<br />against discrimination shall remain in effect in perpetuity. In no event shall anything in this
<br />Section 405 be construed as authority to lease Affordable Units unless otherwise permitted
<br />herein.
<br />406. Effect of Violation of the Terms and Provisions of this Agreement After
<br />Completion of Construction. The Agency is deemed the beneficiary of the terms and
<br />provisions of this Agreement and of the covenants running with the land, for and in its own right
<br />and for the purposes of protecting the interest of the community and other parties, public or
<br />private, in whose favor and for whose benefit this Agreement and the covenants running with the
<br />land have been provided, without regard to whether the Agency has been, remains or is an owner
<br />of any land or interest therein in the Sites or in the Project. The Agency shall have the right, if
<br />the Agreement or covenants are breached, to exercise all rights and remedies, and to maintain
<br />any actions or suits at law or in equity or other proper proceedings to enforce the curing of such
<br />breaches to which it or any other beneficiaries of this Agreement and covenants maybe entitled.
<br />600457905v2 V 30~®
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