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12. HOLD HARMLESS. Contractor hereby agrees to defend, indemnify and <br />- save harmless City, its Council, officers, boards, commissions, agents and employees <br /> (collectively, "lndemnitees") against and from any and all claims, suits or actions of <br /> every name, kind and description, which may be brought against Indemnitees, or any of <br /> them, by reason of any injury to, or death of, any person (including corporations, <br /> partnerships and association) or damage suffered or sustained by any such person <br /> arising from, or alleged to have arisen from, any act or omission to act, negligent or <br /> otherwise, of Contractor, its officers, agents or employees under this Agreement. <br /> The duty of Contractor to defend, indemnify and save harmless, as set forth <br /> herein, will include the duty to defend as set forth in Section 2778 of the California Civil <br /> Code; provided, however, that nothing herein will be construed to require Contractor to <br /> indemnify Indemnitees against any responsibility or liability in contravention of Section <br /> 2782 of the California Civil Code. This Paragraph 12 will survive the termination of this <br /> Agreement. <br /> 13. NON-DISCRIMINATION AND EQUAL OPPORTUNITY. Contractor hereby <br /> warrants and agrees that, in the performance of this Agreement, it will not, in <br /> connection with the employment, advancement or discharge of employees, or in <br /> connection with the terms, conditions or privileges of their employment, discriminate <br /> against person because of their age, except upon the basis of bona fide occupational <br /> qualification, retirement plan or statutory requirement, and will not specify, in <br /> solicitations or advertisement for employees to work on this contract, a maximum age <br /> limit, unless such limit is based upon a bona fide occupational qualification, retirement <br /> plan or statutory requirement. <br /> Contractor further warrants and agrees that it will comply with all provisions of <br /> executive Order 11246 of September 24, 1965, and of the rules, regulations and <br /> relevant orders of the Secretary of Labor; and that it will not discriminate against any <br /> employee or applicant for employment because of race, color, religion, sex or national <br /> <br /> 5 <br /> <br /> <br />