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Contractor further warrants and agrees that Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and with the rules, regulations and relevant orders-of the Secretary of Labor; and the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900 et seq.) of : Division 3 of Title 2 of the Government Code) and that Contractor will not discriminate against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition, age, marital status, or denial of family care leave. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition, age, marital status or denial of family care leave. Such affirmative action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other forms of compensation and selection for training, including apprenticeship. 7. Contractor hereby agrees that Contractor will comply with the provisions of Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of 1990 providing equal access and reasonable accommodations in employment programs and services to qualified persons who are disabled. 8. It is hereby agreed by the parties to the Agreement that in case all work called for under the Agreement is not finished or completed on or before the time set forth in this Agreement, damage will be sustained by City, and that it is 10