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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.
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<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 />
<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 statdtory 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
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