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and associations) or property damage (including loss of use thereof), arising from, or
<br />alleged to have arisen from, any act or omission to act, negligent or otherwise, of
<br />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, shall include the duty to defend as set forth in Section 2778 of the California
<br />Civil Code; provided, however, that nothing herein shall be construed to require
<br />Contractor to indemnify Indemnitees against any responsibility or liability in
<br />contravention of Section 2782 of the California Civil Code.
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<br /> 12. Non-Discrimination and Equal Opportunity. Contractor hereby warrants
<br />and agrees that, in the performance of this agreement, it will not, in connection with the
<br />employment, advancement, or discharge of employees, or in connection with the terms,
<br />conditions, or privileges of their employment, discriminate against persons because of
<br />their age, except upon the basis of a bona fide occupational qualification, retirement plan
<br />or statutory requirement, and will not specify, in solicitations or advertisement for
<br />employees to work on this contract, a maximum age limit, unless such limit is based
<br />upon a bona fide occupational qualification, retirement 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 roles, regulations, and relevant
<br />orders of the Secretary of Labor; and that it will not discriminate against any employee or
<br />applicant for employment because of race, color, religion, sex, or national origin.
<br />Contractor will take affi,mative action to ensure that applicants are employed, and that
<br />employees are treated during employment, without regard to their race, color, religion,
<br />sex, or national origin. Such action shall include, but not be limited to, the following:
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