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10/24/2003 11:52 5502519102 RWC CITY CLERK PAGE 10 (including loss of use thereof), arising from, or alleged to have arisen from, any act or omission to act, negligent or otherwise, of Contractor, its officers, agents or employees under this Agreement. The duty of Contractor to defend, indemnify, and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code: provided, however, that nothing herein shall be construed to require Contractor to indemnify Indemnitees against any responsibility or liability in contravention of Section 2782 of the California Civil Code. 15. Non.Discrimination and EQual ODDortunltv. Contractor hereby warrants and agrees that, in the performance of this agreement, it will not, in connection with the employment, advancement, or discharge of employees, or in connection with the terms, conditions, or privileges of their employment, discriminate against persons because of their age, except upon the basis of a bona fide occupational qualification, retirement plan or statutory requirement, and will not specify, in solicitations or advertisement for employees to work on this contract, a maximum age limit, unless such limit is based upon a bona fide occupational qualification, retirement plan, or statutory requirement. Contractor further warrants and agrees that it will comply with all provisions of Executive Order 11246 of September 24. 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor; and that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during 9/1112003 9