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approval of the Executive Directors for any expenditure from the Project Operating Account that
<br />exceeds by ten percent (10 %) or more the amount set forth for the applicable line item in the
<br />Operating Budget and /or for any expenditure that would, cumulatively with all prior expenditures in
<br />the applicable year, exceed the total approved annual Operating Budget for the Project by ten percent
<br />(10 %) or more.
<br />12.6 Replacement Reserve Account. Vista Del Rio must establish or cause to be
<br />established a segregated interest - bearing replacement reserve depository account ( "Replacement
<br />Reserve Account ") concurrently with the conversion of the construction Senior Loan to a permanent
<br />Senior Loan. Vista Del Rio must make monthly deposits from project income into the Replacement
<br />Reserve in accordance with Vista Del Rio's Budget, as amended from time to time. Vista Del Rio
<br />may withdraw funds from the Replacement Reserve Account solely to fund capital improvements for
<br />the Project, such as replacing or repairing structural elements, furniture, fixtures or equipment of the
<br />Project that are reasonably required to preserve the Project. Vista Del Rio may not withdraw funds
<br />from the Replacement Reserve Account for any other purpose without the prior written approval of
<br />the City and Successor Agency.
<br />13. NONDISCRIMINATION COVENANTS
<br />13.1 Obligation to Refrain from Discrimination. Vista Del Rio covenants and agrees
<br />for itself, its successors, its assigns and every successor in interest to the Property or any part thereof,
<br />that there shall be no discrimination against or segregation of any person or group of persons on
<br />account of race, color, creed, religion, sex, marital status, ancestry or national origin in the sale,
<br />lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property nor shall Vista Del Rio
<br />itself or any person claiming under or through him establish or permit any such practice or practices
<br />of discrimination or segregation with reference to the selection, location, number, use or occupancy
<br />of tenants, lessees, subtenants, sublessees or vendees of the Property. The foregoing covenants shall
<br />run with the land.
<br />13.2 Nondiscrimination in Employment. Vista Del Rio certifies and agrees that all
<br />persons employed or applying for employment by it, its affiliates, subsidiaries, or holding companies,
<br />and all subcontractors, bidders and vendors, are and will be treated equally by it without regard to, or
<br />because of race, color, religion, ancestry, national origin, sex, age, pregnancy, childbirth or related
<br />medical condition, medical condition or physical or mental disability, and in compliance with
<br />Title VII of the Civil Rights Act of 1964, 42 U S.C. Section 2000, et seq., the Federal Equal Pay Act
<br />of 1963,29 U.S.C. Section 206(d), the Age Discrimination in Employment Act of 1967, 29 U S.C.
<br />Section 621, et seq., the Immigration Reform and Control Act of 1986, 8 U.S.C. Section 1324b,
<br />et seq., 42 U.S.C. Section 1981, the California Fair Employment and Housing Act, Cal. Government
<br />Code Section 12900, et seq., 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 />et seq., and all other applicable anti - discrimination laws and regulations of the United States and the
<br />State of California as they now exist or may hereafter be amended.
<br />13.3 Statutory Nondiscrimination Covenants. Except to the extent preferences are
<br />permitted or required by this Agreement, Vista Del Rio covenants by and for itself, its successors and
<br />assigns, and all persons claiming under or through them that there shall be no discrimination against
<br />or 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, 12926.1,
<br />subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the
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