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City shall monitor Contractor's Program and expenditures made pursuant to this Agreement quarterly to verify Contractor's compliance with this Agreement and local and federal contract requirements. 10. Contractor's Status. In the performance of the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and shall not be deemed to be an employee, agent, or officer of City. 11. Hold Harmless. Contractor hereby agrees to defend, indemnify, and save harmless City, its Council, officers, boards, commissions, agents, and employees (collectively, ìndemnitees) against and from any and all claims, suits, or actions of every name, kind, and description, which may be brought against Indemnitees, or any of them, by reason of any injury to, or death of, any person (including corporations, partnerships, and associations) or property damage (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. 12. Non-Discrimination and EQual Opportunity. Contractor hereby warrants and agrees that, in the performance of this agreement, it will not, in connection with the Agmt-333 F: IShared/Red wood/Council DES:djk 03/17/00 6 TH --y