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11. Hold Harmless. Contractor hereby agrees to defend, indemnify, and
<br />save harmless City, its Council, officers, boards, commissions, agents, and
<br />employees (collectively, "lndemnitees") against and from any and all claims,
<br />suits, or actions of every name, kind, and description, which may be brought
<br />against Indemnitees, or any of them, by reason of any injury to, or death of, any
<br />person (including corporations, partnerships, and associations) or property
<br />damage (including loss of use thereof), arising from, or alleged to have arisen
<br />from, any act or omission to act, negligent or otherwise, of Contractor, its
<br />officers, agents or employees under this Agreement.
<br />
<br /> The duty of Contractor to defend, indemnify, and save harmless,
<br /> as set forth herein, shall include the duty to defend as set forth in
<br /> Section 2778 of the California Civil Code; provided, however, that
<br /> nothing herein shall be construed to require Contractor to
<br /> indemnify Indemnitees against any responsibility or
<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
<br />connection with the employment, advancement, or discharge of employees, or
<br />in connection with the terms, conditions, or privileges of their employment,
<br />discriminate against persons because of their age, except upon the basis of a
<br />bona fide occupational qualification, retirement plan or statutory requirement,
<br />and will not specify, in solicitations or advertisement for employees to work on
<br />this contract, a maximum age limit, unless such limit is based upon a bona
<br />fide occupational qualification, retirement plan, or statutory requirement.
<br />
<br />Agn~3s 6
<br />G:~shared~Redwood\Council
<br />FXS:djk
<br />10/27/97
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