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7.40 -5 <br />and comply with, any audit exception made or taken by City relating to Contractor's performance <br />or failure to perform hereunder. Contractor shall pay City the full amount owing to City <br />determined to be o.v_ing as a result of any such audit exception. <br />City shall monitor Contractors Program and expenditures made pursuant to this <br />agreement quarterly to verify Contractor's compliance with this agreement and local contract <br />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 <br />deemed to be an employee, agent or officer of City. <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 Indemnitees, or any of them, by reason of any injury <br />— to, or death of, any person (including corporations, partnerships and association) or damage <br />suffered or sustained by any such 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 under this <br />agreement. <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 Code. <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, conditions <br />or privileges of their employment, discriminate against person because of their age, except upon <br />the basis of bona fide occupational qualification, retirement plan or statutory requirement, and will <br />not specify, in solicitations or advertisement for employees to work on this contract, a maximum <br />