Common use of First Source Hiring Program Clause in Contracts

First Source Hiring Program. Tenant has been informed by Landlord that there is a City-wide “First Source Hiring Program” (FSHP) (adopted by the City and County of San Francisco on August 3, 1998, Ordinance No. 264-98; codified at San Francisco Administrative Code Sections 83.1-83.1(8)) and that Esprit de Corp. (a predecessor-in-interest of Landlord with respect to the Project) (“Esprit”) expressly acknowledged the application of the FSHP to the Project in Attachment 4 to Exhibit H to that certain Mission Bay South Redevelopment Project Owner Participation Agreement between the Redevelopment Agency and Esprit dated April 17, 2001, and recorded in the Official Records of the City and County of San Francisco, California (the “Official Records”) on June 6, 2001, as Document No. 2001-G959908 (the “Project OPA”). Tenant hereby acknowledges that its activities with respect to the Project are or may be subject to the FSHP. Accordingly, Tenant shall comply with any provisions of the FSHP that are applicable to the Premises or any construction in, or use or development of, the Premises by Tenant. Without limiting the generality of the foregoing, (i) X-4 Dolphin LLC (a predecessor-in-interest of Landlord with respect to the Project) and the City of San Francisco entered into a certain Memorandum of Understanding dated September 15, 2006, with respect to the FSHP’s specific applicability to the Project (the “FSHP MOU”) (a copy of which was recorded in the Official Records on September 19, 2006, as Document No. 2006-I256451), and (ii) Tenant shall comply with any provisions of the FSHP MOU that are applicable to the Premises or any construction in, or use or development of, the Premises by Tenant. Tenant shall indemnify and defend Landlord and hold Landlord harmless against any and all claims, damages, liabilities, losses, costs, and expenses (including, without limitation, attorneys’ fees and costs) arising out of or resulting from any failure by Tenant to comply with any provisions of the FSHP and/or the FSHP MOU that are applicable to the Premises or any construction in, or use or development of, the Premises by Tenant.