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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 /> <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 /> <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 />origin. Contractor will take affirmative action to ensure that applicants are employed <br />and that employees are treated during employment, without regard to their race, color, <br />religion, sex or national origin. Such action will include, but not be limited to, the <br />following: employment, upgrading, demotion, or transfer, recruitment or recruitment <br />advertising; layoff or termination; rates of pay or other forms of compensation; and <br />selection for training, including apprenticeship. <br /> <br /> 14. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF <br />1986. Contractor hereby agrees that it will comply with the provisions of Section 3, the <br />regulations set forth in 24 CFR (Code of Federal Regulations) part 135, as that section <br /> <br />may be amended from time to time, and all applicable rules and orders of the U.S. <br /> 5 <br /> <br /> <br />