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City shall monitor Contractor's Program and expenditures made pursuant to this <br />agreement quarterly to verify Contractor's compliance with this agreement and local contract <br />requirements. <br /> <br /> 10. CONTRACTOR'S STATUS. In the performance of the obligations set forth in <br />this agreement, Contractor shall have the status of an independent contractor and shall not be <br />deemed to be an employee, agent or officer of City. <br /> <br /> 11. HOLD HARMLESS. Contractor hereby agrees to defend, indemnify and save <br />harmless City, its Council, officers, boards, commissions, agents and employees (collectively, <br />"Indemnitees") against and from any and all claims, suits or actions of every name, kind and <br />description, which may be brought against lndemnitees, or any of them, by mason of any injury <br />to, or death of, any person (including corporations, partnerships and association) or damage <br />suffered or sustained by any su6h person arising from, or alleged to have arisen from, any act or <br />omission to act, negligent or otherwise, of Contractor, its officers, agents or employees <br />under this agreement. <br /> <br /> The duty of Contractor to defend, indemnify and save harmless, as set forth herein, shall <br />include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, <br />however, that nothing herein shall be construed to require Contractor to indemnify Indemnitees <br />against any responsibility or liability in contravention of Section 2782 of the California Civil <br />Code. <br /> <br /> 12. NON-DISCRIMINATION AND EQUAL OPPORTUNITY. Contractor hereby <br />warrants 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 person because of their age, <br />except upon the basis of bona fide occupational qualification, retirement plan or statutory <br />requirement, and will not specify, in solicitations or advertisement for employees to work on this <br /> <br />8/15/00 <br /> 4 <br /> <br /> <br />