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by reason of any injury to, or death of, any person (including corporations, partnerships, <br />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. <br /> <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 Civil <br />Code; provided, however, that nothing herein shall 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. <br /> <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 temas, <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 upon <br />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 rules, 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 affirmative action to ensure that applicants are employed, and that <br /> <br /> 6 <br />Agmt-Shelter Network <br />PS 98-009 <br />8/14/98 <br /> <br /> <br />