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City shall monitor Contractor's Program and expenditures made pursuant to this agreement semi-
<br /> annually to verify Contractors compliance with this agreement and local contract requirements.
<br /> 10. CONTRACTOR'S STATUS. In the performance of the obligations set forth in this
<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, "Indemnitees ")
<br /> against and from any and all claims, suits or actions of every name, kind and description, which may be
<br /> brought against lndemnitees, 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.
<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 Indemnitees against any responsibility or
<br /> liability in contravention of Section 2782 of the Califomia 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 will 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 qualification, retirement plan or statutory requirement.
<br /> Contractor further warrants and agrees that it will comply with all provisions of executive Order
<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 /> ATTY /AGR/2010.092
<br /> 091310
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