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(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 Leased Premises or the Project, or part thereof, nor shall Lessee or any person
<br />claiming under or through Lessee establish or permit any such 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, of, or for the Leased Premises or the
<br />Project, or part thereof. Lessee shall include such provision in all leases and rental agreements
<br />affecting the Leased Premises or part thereof, and shall enforce the same diligently and in good
<br />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 tenants, on the
<br />same basis as all other prospective tenants, persons who are recipients of federal certificates or
<br />vouchers for rent subsidies pursuant to the existing Section 8 program or any successor thereto.
<br />Section 9.12 Management Agent. Lessor approves Eden Housing Management, Inc., a
<br />California nonprofit public benefit corporation ("EHMI") as the initial Management Agent and
<br />authorizes the subcontracting of EHMI's management contract to Barcelon Associates
<br />Management Corporation, a California corporation. In recognition of Lessor's significant
<br />financial contribution to the Project, Lessor shall have the right to review and approve any
<br />replacement of the Management Agent proposed by Lessee for the Project, and shall have the
<br />right to review and approve any agreement executed between Lessee and the management entity,
<br />which approval of agreement shall not be unreasonably withheld. The contracting of
<br />management services to a management agent shall not relieve Lessee of its primary
<br />responsibility for proper performance of management duties. Upon Lessor determination and
<br />delivery of written notice to Lessee that Lessee has failed to operate the Project in accordance
<br />with this Lease, Lessor may, subject to any applicable cure period, require Lessee to contract
<br />with a qualified management agent selected by Lessor subject to approval of the Investor and
<br />Lenders, if required, to operate the Project, or to make such other arrangements as Lessor deems
<br />necessary to ensure performance of the required functions.
<br />ARTICLE 10.
<br />EMINENT DOMAIN
<br />Section 10.1 Termination of Lease. Lessor and Lessee agree that, in the event of a
<br />Taking such that Lessee reasonably determines that the Leased Premises cannot continue to be
<br />operated, at reasonable cost, for its then -current use, then, subject to the rights and consent of
<br />Lenders, this Lease shall, at Lessee's sole option, terminate as of the date of the Taking.
<br />Section 10.2 Continuation of Lease and Presumption of Restoration. Lessor and Lessee
<br />agree that, in the event of Taking that does not result in the termination of this Lease pursuant to
<br />Section 10.1 above, this Lease shall continue in effect as to the remainder of the Leased
<br />Premises, and the Net Condemnation Award will be disbursed in accordance with Section 10.4
<br />below to Lessor and Lessee and/or any Lender, if the terms of the applicable Leasehold
<br />Mortgage so require, and shall be used so as to make the same as complete, unified and efficient
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<br />4859-3312-3005v5
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