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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, as set <br />forth herein, shall include the duty to defend as set forth in Section 2778 of the <br />California Civil Code; provided, however, that nothing herein shall be construed <br />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 <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 /> Contractor further warrants and agrees that it will comply with all <br /> provisions of Executive Order 11246 of September 24, 1965, and of the rules, <br /> regulations, and relevant orders of the Secretary of Labor; and that it will not <br /> discriminate against any employee or applicant for employment because of <br /> <br /> Agrnt-POLICE 6 <br /> G:~shared~Redwood\Cou ncil <br /> FXS:djk <br /> 10/27/97 <br /> <br /> <br />