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professional manner, any Improvement (or other aspect or portion of the Property) that is damaged or destroyed from any cause. 10. Compliance with Laws. Developer shall comply with all Governmental Requirements (including, without limitation, all requirements relating to' the obtaining of Governmental Authority approvals), all Governmental Authority approvals and all rights of third parties, relating to Developer, the Property or Developer's operation of the Project thereon. 11. Covenants Against Discrimination. Except to the extent preferences are permitted or required by these Restrictions, Developer covenants by and for itself, its successors and assigns, and all persons claiming under or through them that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the Property. Developer shall refrain from restricting the rental, sale or lease of the Property or any portion thereof on the basis of any of the characteristics listed above. Developer shall also comply with the equal opportunity and fair housing requirements set forth in Section 92.350 of the HOME Regulations. The foregoing covenants shall run with the land and remain in effect in perpetuity. 12. Effect of Covenants. (a) The covenants established in these Restrictions and any amendments hereto approved by the Agency, City and Developer shall, without regard to technical classification and designation, be binding for the benefit and in favor of the Agency and City, and their respective successors and assigns. These Restrictions shall remain in effect for the entire Affordability Period (i.e. until fifty-five (55) years from the date the final Certificate of Occupancy is issued by the City). In its discretion, the Agency/City may defer repayment of the Loans or the Agency/City may agree to such reasonable modifications to the requirements of these Restrictions, as they may determine are necessary for the continued maintenance and operation of the Affordable Units. (b) The Agency and City are beneficiaries of the terms and provisions of these Restrictions and the covenants herein, both for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, for whose benefit these Restrictions and the covenants running with the land have been provided. The Agency and City shall have the right if the covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which they or any other beneficiaries of these Restrictions and covenants are entitled. (c) The covenants and agreements contained herein shall run with the land and not be personal obligations of Developer. Upon the sale, conveyance or other transfer of the Property permitted by the Agreement (a "Transfer") and the assumption of the obligations hereunder by a transferee, Developer's liability for performance shall be terminated as to any obligation to be performed hereunder after the date of such Transfer. 10 DOCS OC/ 1495827v2/200272-0003