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Developer may not withdraw funds from the Replacement Reserve Account for any other
<br />purpose without the prior written approval of the City which must be consistent with other lender
<br />and investor approvals.
<br />13. NONDISCRIMINATION COVENANTS
<br />13.1 Obligation to Refrain from Discrimination. Developer covenants and agrees
<br />that:
<br />a. In Use of Property. There shall be no discrimination against or
<br />segregation of any person, or group of persons, on account of race, color, creed, disability,
<br />religion, sex, marital status, national origin, or ancestry in the sale, lease, sublease, transfer, use,
<br />occupancy, tenure or enjoyment of the Property, nor shall Developer or any person claiming
<br />under or through it, establish or permit any such practice or practices of discrimination or
<br />segregation with reference to the selection, location, number, use or occupancy of tenants,
<br />lessees, subtenants, sublessees, or vendors of the Property.
<br />b. In Affordable Housing Restrictions. The foregoing covenant shall (a)
<br />be included in the Affordability Restrictions on Transfer of Property, (b) run with the land, and
<br />(c) remain effective for the term of the contract (for 55 years).
<br />C. In Employment. In construction on the Property, Developer shall not
<br />discriminate against any employee or applicant because of race, color, creed, religion, sex,
<br />marital status, disability, national origin, or ancestry. Developer shall take affirmative action to
<br />ensure that applicants are employed, and that employees are treated during employment, without
<br />regard to their race, color, disability, creed, religion, sex, marital status, disability, national
<br />origin, or ancestry.
<br />d. In all Contracts. Developer shall cause the foregoing covenants to be
<br />inserted in all contracts for any work covered by this Agreement so that such provisions will be
<br />binding upon each contractor for the benefit of City, provided that the foregoing covenant shall
<br />not apply to contracts or subcontracts for standard commercial supplies or raw materials.
<br />14. ENVIRONMENTAL MATTERS
<br />14.1 Representation and Warranty. Except as disclosed in writing to the City,
<br />Developer has no knowledge (a) of the presence on, under or about the Property, now or in the
<br />past, of any Hazardous Materials, or of the transportation to or from the Property of any
<br />Hazardous Materials, (b) that asbestos or polychlorinated biphenyls (PCBs) are contained in or
<br />stored on the Property, or (c) that there are any underground storage tanks located in, on or under
<br />the Property.
<br />14.2 Compliance with Environmental Laws. Developer shall (a) comply with all
<br />environmental laws and environmental permits applicable to the construction of the Property, (b)
<br />immediately pay or cause to be paid all costs and expenses incurred by reason of such
<br />compliance, (c) keep the Property free and clear of any environmental claims or liens imposed
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