Agmt06 HSFA Center for Independence of the Disabled

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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 Indemnltees against any responsibility or liability in contravention of Section 2782 of the California Civil Code. 12. NON-DISCRIMINATfON AND EQUAL OPPORTUNITY. 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 person because of their age, except upon the basis of 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 employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 13. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1986. Contractor hereby agrees that it will comply with the provisions of Section 3, the regulations set forth in 24 CFR (Code of Federal Regulations) part 135 and all applicable rules and orders of the U.S. Department of Housing and Urban Development; and that it will, to the greatest extent feasible, make available opportunities for training and employment under this contract to lower income residents of Redwood City. 14. NONDISCRIMINATION BASED ON DISABILITY. Contractor hereby agrees that it will comply with the provisions of Section 504 of the Rehabilitation Act of 1973 and the American with Atty/Agr/2006.057 082106 4