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hereunder. Contractor shall pay City the full amount owing to City determined to be owing as a result of <br />any such audit exception. <br /> <br /> City shall monitor Contractor's Program and expenditures made pursuant to this agreement <br />quarterly to verify Contractor's compliance with this agreement and local contract requirements. <br /> <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 /> <br /> 11. HOLD HARMLESS. Contractor hereby agrees to defend, indemnify and save harmless <br />City, its Council, officers, boards, commissions, agents and employees (collectively, "lndemnitees") <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. <br /> <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 California Civil Code. <br /> <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 /> <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 /> <br /> 4 <br /> <br /> <br />