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6.B. - Page 18 of 113
<br />5.13 qual Opportunity. There shall be no discrimination on the basis of race, color,
<br />religion, creed, sex, sexual orientation, marital status, ancestry or national origin in the hiring,
<br />firing, promoting or demoting of any person engaged in construction work on the Property, and
<br />Developer shall direct its contractors and subcontractors to refrain from discrimination on such
<br />basis.
<br />5.14 Prevailing Wage Requirements. If required by applicable federal and state law,
<br />Developer and its contractors, subcontractors and agents shall comply with California Labor Code
<br />Section 1720 et seq. and the regulations adopted pursuant thereto (and if applicable the federal Davis
<br />Bacon Act and implementing regulations) (all of the foregoing, "Prevailing Wage Laws"), and shall
<br />be responsible for carrying out the requirements of such provisions. If applicable, Developer shall
<br />submit to City a plan for monitoring payment of prevailing wages, and at Developer' s expense shall
<br />implement such plan and comply with all applicable reporting and rccordkccping requirements.
<br />To the greatest extent allowed by law, Developer shall indemnify , defend (with counsel
<br />approved by City) and hold the City and its elected and appointed officers, officials, employees,
<br />agents, consultants, and contractors (all of the foregoing, collectively, the "indemnitees")
<br />harmless from and against all liability, loss, cost, expense (including without limitation reasonable
<br />attorneys ' fees and costs of litigation), claim, demand, action, suit, judicial or administrative
<br />proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively
<br />"Claims") which directly or indirectly , in whole or in part, are caused by, arise in connection
<br />with, result from, relate to, or are alleged to be caused by, arise in connection with, or relate to,
<br />the payment or requirement of payment of prevailing wages (including without limitation , all
<br />claims that may be made by contractors, subcontractors or other third party claimants pursuant to
<br />Labor Code Sections 1726 and 1781) or the requirement of competitive bidding in connection
<br />with the Project, the failure to comply with any state or federal labor laws, regulations or standards
<br />in connection with this Agreement , including but not limited to the Prevailing Wage Laws, or
<br />any act or omission of Developer related to this Agreement with respect to the payment or
<br />requirement of payment of prevailing wages or the requirement of competitive bidding, whether
<br />or not any insurance policies shall have been determined to be applicable to any such Claims. The
<br />provisions of this Section 5.14 shall survive the expiration or earlier termination of this
<br />Agreement. Developer's indemnification obligations set forth in this Section shall not apply to
<br />Claims to the extent arising from the gross negligence or willful misconduct of the Indemnitees
<br />and are subject to the additional terms set forth in Section 11.2 below.
<br />5.15 Compliance with Laws, Indemnity. Developer shall carry out and shall cause its
<br />contractors and subcontractors to carry out the construction of the Project in conformity with all
<br />applicable federal, state and local laws, rules, ordinances and regulations ("Applicable Laws")
<br />including without limitation, all applicable federal and state labor laws and standards, applicable
<br />provisions of the California Public Contracts Code (if any), the City zoning and development
<br />standards, building, plumbing, mechanical and electrical codes, all other provisions of the City's
<br />Municipal Code, and all applicable disabled and handicapped access requirements, including
<br />without limitation, the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq.,
<br />Government Code Section 4450, et seq. , Government Code Section 11135, et seq., and the Unruh
<br />Civil Rights Act, Civil Code Section 51, et seq.. To the greatest extent allowed by law, Developer
<br />shall indemnify, defend (with counsel reasonably approved by City) and hold harmless the
<br />Indemnitees from and against any and all Claims arising in connection with the breach of
<br />CiZvi[ijWaVaâ– 9:t
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<br />ATTY/AGR.2020.305/Habitat for Humanity Greater San Francisco (Grant Agreement w/ Exhibits) (Page 14 of 109)
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