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27 <br />4859-3312-3005v4 <br />not any insurance policies shall have been determined to be applicable to any such Claims. This <br />Section shall survive the expiration or termination of this Lease. <br />Section 9.7 Affordability and Use Restrictions. Lessee hereby covenants and agrees <br />that the Leased Premises shall be used solely for the operation of a multifamily senior housing <br />development in compliance with the requirements set forth herein and in the Regulatory <br />Agreement. The Regulatory Agreement sets forth requirements pertaining to Tenant income <br />and other eligibility requirements, maximum rents that may be charged to residents of the <br />Project, limitations on rent increases, and other matters pertaining to use and occupancy of the <br />Project. Lessee shall comply with all such requirements. <br />Section 9.8 Preference for City of Pleasanton Residents and Employees. Lessee shall <br />comply with the requirements set forth in Section 3.9.1 of the Regulatory Agreement, subject to <br />the application of Applicable Rules and Regulations (as defined in the Regulatory Agreement). <br />Section 9.9 Reporting Requirements; Access to Information; Inspections. The <br />Regulatory Agreement sets forth requirements pertaining to Tenant certification, <br />annual reports required that Lessee is required to submit to Lessor, maintenance of <br />records, and City rights to inspect and audit Project records and inspect the Leased <br />Premises. Lessee shall be subject to, and shall comply with, all such <br />requirements. <br />Section 9.10 Non-Discrimination; Compliance with Fair Housing Laws. Lessee shall <br />not restrict the rental, lease, sublease, transfer, use, occupancy, tenure or <br />enjoyment of the Leased Premises, or any portion thereof, on the basis of race, <br />color, religion, creed, sex, sexual orientation, disability, marital status, ancestry, or <br />national origin of any person. Lessee covenants for itself and all persons claiming <br />under or through it, and this Lease is made and accepted upon and subject to the <br />condition that there shall be no discrimination against or segregation of any person <br />or group of persons on account of any basis listed in subdivision (a) or (d) of <br />Section 12955 of the Government Code, as those bases are defined in Sections <br />12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section <br />12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, <br />transfer, use, occupancy, tenure or enjoyment of the Leased Premises or the <br />Project, or part thereof, nor shall Lessee or any person claiming under or through <br />Lessee establish or permit any such practice or practices of discrimination or <br />segregation with reference to the selection, location, number, use or occupancy of <br />tenants, lessees, subtenants, sublessees or vendees in, of, or for the Leased <br />Premises or the Project, or part thereof. Lessee shall include such provision in all <br />leases and rental agreements affecting the Leased Premises or part thereof, and <br />shall enforce the same diligently and in good faith. <br />Section 9.11 Fair Housing. Lessee shall comply with state and federal fair housing <br />laws in the marketing and rental of the units in the Project. Lessee shall accept as <br />tenants, on the same basis as all other prospective tenants, persons who are <br />recipients of federal certificates or vouchers for rent subsidies pursuant to the <br />existing Section 8 program or any successor thereto. <br />Page 107 of 428