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6.1 B <br /> Page 52 <br /> City shall monitor Contractor's Program and expenditures made pursuant to this agreement semi- I <br /> annually to verify Contractor's compliance with this agreement and local contract requirements. <br /> 10. CONTRACTOR'S STATUS. In the performance of the obligations set focth in this <br /> I <br /> agreement, Contractor shall have the status of an independent contractor and shall not be deemed to be <br /> an employee, agent or officer of City. <br /> 11. HOLD HARMLESS. Contractor hereby agrees to defend, indemnify and save harmless <br /> City, its Council, officers, boards, commissions, agents and employees (collectively, "fndemnitees") <br /> against and from any and all claims, suits or actions of every name, kind and description, which may be <br /> brought against Indemnitees, or any of them, by reason of any injury to, or death of, any person (including <br /> corporations, partnerships and association) or damage suffered or sustained by any such person arising <br /> from, or alleged to have arisen from , any act or omission to act, negligent or otherwise, of Contractor, its <br /> officers, agents or employees under this agreement. i <br /> The duty of Contractor to defend, indemnify and save harmless, as set forth herein, shall include <br /> the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing ' <br /> herein shall be construed to require Contractor to indemnify (ndemnitees against any responsibility or <br /> liability in contravention of Section 2782 of the Cafifornia Civil Code. <br /> 12. NON-DISCRIMINATION AND EQUAL OPPORTUNITY. Contractor hereby warrants and <br /> agrees that, in the performance of this agreement, it will not, in connection with the employment, <br /> advancement or discharge of employees, or in connection with the terms, conditions or privileges of their <br /> employment, discriminate against person because of their age, except upon the basis of bona fide <br /> occupational qualification, retirement plan or statutory requirement, and wiU not specify, in solicitations or <br /> advertisement for employees to work on this contract, a maximum age limit, unless such limit is based <br /> upon a bona fide occupational quali�cation, retirement plan or statutory requirement. <br /> Contractor further warrants and agrees that it will comply with all provisions of executive �rder <br /> 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor; <br /> and that it will not discriminate against any employee or applicant for employment because of race, color, <br /> religion, sex or national origin. Contractor will take affirmative action to ensure that applicants are <br /> am�A�w2o�o.os� <br /> 091310 <br /> 4 <br />