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(iii) any payments made or necessary to be made to discharge personally. liable to RedeveloPer, or any successor in interest,
<br /> any encumbrances or liens existing 'on the Redevelopment in the event of any default or breach by the Agency or for any
<br /> Property at the time- of revesting of title in the Agency or to amount which may become due to Redeveloper or successor or on
<br /> discharge or prevent from attaching or being made any any obligations under the terms of this Agreement. .
<br /> subsequent encumbrances or liens due to obligations, gefaults
<br /> or acts of Redeveloper, its successors or assigns; (iv) any . Section 10.2 Equal Employment Opportunity.
<br /> expenditures made or obligations incurred with respect to the Redeveloper, for itself and its successors and assigns, agrees
<br /> making or completion of the Minimum Improvements; and (v) any that during the construction of the Minimum Improvements:
<br /> amounts otherwise.owing the Agency by Redeveloper or its
<br /> successors or assigns. Any balance remaining after such i (a) Redeveloper will not discriminate against any
<br /> reimbursements shall be retained by the Agency as its property. employee or applicant for employment because of race, color,
<br /> religion, sex, or national origin. Redeveloper will take
<br /> Section 9.5. No Remedy Exclusive. No, remedy herein affirmative action to insure that applicants are employed, and
<br /> conferred upon or reserved to the--Agency is intended to be that employees are treated during employment, without regard to
<br /> exclusive of any other available remedy or remedies, but each their race, color, religion, sex, or national origin. Such
<br /> and every such remedy shall be cumulative and shall be in action shall include, but not be limited to,, the following:
<br /> addition to every other remedy given under this Agreement or employment, upgrading, demotion, or transfer; recruitment or
<br /> now or-hereafter existing at law or in or by statute, recruitment advertising; layoff or termination; rates of pay or
<br /> subject; however., to the limitations of Section 4.5 hereof and other forms of compensation; and selection for training;
<br /> the liquidated.-damages. provisions of Section 10.8 hereof. No including apprenticeship. Redeveloper agrees to post in
<br /> delay or omission to exercise any. right or power accruing upon conspicuous places, available to employees and applicants for
<br /> any default shall impair any such right or power or shall be employment, notices to be provided by the Agency setting forth
<br /> construed- to be a waiver thereof, but any such right and power the provisions of this nondiscrimination clause.
<br /> may be exercised from time to time and as often as may be
<br /> deemed expedient. In order to entitle the Agency or (b) Redeveloper will, in all solicitations or
<br /> Redeveloper to exercise any remedy reserved to it, it shall not advertisements for employees placed by or on behalf-of
<br /> be necessary to give notice, other than such notice as may be Redeveloper, state that all qualified applicants-will receive
<br /> required under this Agreement. consideration for employment without regard to race, color,
<br /> religion, sex or national origin.
<br /> Section 9.6. waivers. All waivers by the Agency,
<br /> shall be in writing. If any provision of this Agreement is (c) Redeveloper will include the provisions of this
<br /> breached by either party and thereafter waived by the other Section in every contract or purchase order, and will require
<br /> party, such waiver shall be limited to the particular breach so the inclusion of these provisions in every subcontract entered
<br /> waived and shall not be deemed to waive any other concurrent, into by any of its contractors, unless exempted by rules,
<br /> previous or subsequent breach hereunder-. regulations, or orders of the Secretary of Labor issued
<br /> pursuant to Section 204 of Executive Order 11246 of
<br /> ARTICLE X September 24, 1965, so that such provisions will be binding
<br /> Additional Provisions upon each such contractor, subcontractor, or vendor, as the
<br /> case may be. Redeveloper will take such action with respect to
<br /> Section 10.1 Conflict of Interests; Agency any construction contract, subcontract, or purchase order as
<br /> Representatives Not Individually Liable-, -Wo••member,- official, ,- •-. ----•--- the Agency may direct as a lawful..means-of enforcing such
<br /> employee, or consultant or employees of the consultants of the. provisions, including..sanctions for noncompliance; provided,
<br /> Agency shall have any personal interest, director indirect, in- however, that in the event Redeveloper becomes involved in, or
<br /> -this Agreement, nor shall anysuch member, official, consultant - is threatened with, litigation with a subcontractor or vendor
<br /> or -the consultant's employees or employee participate in any, as a result of such direction by the Agency, Redeveloper may .
<br /> decision relating to this Agreement which affects his .or her I not request to ,involve the Agency.-
<br /> personal interests or the interests of any corporation,
<br /> partnership, or association in which he or .she is directly or Section 10.3 Restrictions on Use. Redeveloper agrees
<br /> indirectly interested. No member, official, consultant or the for itself, and. its successors and assigns, and every successor
<br /> consultant's-employees; or employee of the Agency shall be .in -interest to the Redevelopment. P.roperty, or any part thereof;
<br /> -25- -26-
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