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<br />11. SUBCONTRACTING. Contractor will not subcontract any portion of <br /> <br />the Program without prior written approval of City. If Contractor subcontracts any <br /> <br />of the Programs, Contractor will be fully responsible to City for the acts and <br />omissions of Contractor's subcontractor and of the persons either directly or <br />indirectly employed by Contractor. Nothing contained in this Agreement will <br />create any contractual relationship between any subcontractor of Contractor and <br />City. Contractor will be responsible for payment of subcontractors. Contractor <br />will bind every subcontractor and every subcontractor of a subcontractor by the <br />terms of this Agreement applicable to Contractor's work unless specifically noted <br />to the contrary in the subcontract and approved in writing by City. <br />12. HOLD HARMLESS. Contractor hereby agrees to defend, indemnify <br />and save harmless City, its Council, officers, boards, commissions, agents and <br />employees (collectively, "Indemnitees") against and from any and all claims, suits <br />or actions of every name, kind and description, which may be brought against <br />Indemnitees, or any of them, by reason of any injury to, or death of, any person <br />(including corporations, partnerships and association) or damage suffered or <br />sustained by any such person arising from, or alleged to have arisen from, any <br />act or omission to act, negligent or otherwise, of Contractor, its officers, agents or <br />employees under this Agreement. <br />The duty of Contractor to defend, indemnify and save harmless, as set <br />forth herein, will include the duty to defend as set forth in Section 2778 of the <br />California Civil Code; provided, however, that nothing herein will be construed to <br />require Contractor to indemnify Indemnitees against any responsibility or liability <br />in contravention of Section 2782 of the California Civil Code. This Paragraph 12 <br />will survive the termination of this Agreement. <br />13. NON-DISCRIMINATION AND EQUAL OPPORTUNITY. Contractor <br /> <br />hereby warrants and agrees that, in the performance of this Agreement, it will <br /> <br />not, in connection with the employment, advancement or discharge of <br /> <br />ATTY/AGR/2006.044 <br />081606 <br /> <br />5 <br />