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11. SUBCONTRACTING. Contractor will not subcontract any portion of <br />the Program without prior written approval of City. If Contractor subcontracts any <br />of the Program, Contractor will be fully responsible to City for the acts and <br />omissions of Contractor's subcontractor and of the persons either directly or <br />indirectly employed by Contractor. Nothing contained in this Agreement will <br />create any contractual relationship between any subcontractor of Contractor and <br />City. Contractor will be responsible for payment of subcontractors. Contractor will <br />bind every subcontractor and every subcontractor of a subcontractor by the terms <br />of this Agreement applicable to Contractor's work unless specifically noted to the <br />contrary in the subcontract and approved in writing by City. <br /> <br /> 12. HOLD HARMLESS. Contractor hereby agrees to defend, indemnify <br />and save harmless City, its Council, officers, boards, commissions, agents and <br />employees (collectively, "lndemnitees") against and from any and all claims, suits <br />or actions of every name, kind and description, which may be brought against <br />Indemnitees, or any of them, by reason of any injury to, or death of, any person <br />(including corporations, partnerships and association) or damage suffered or <br />sustained by any such person arising from, or alleged to have arisen from, any act <br />or omission to act, negligent or otherwise, of Contractor, its officers, agents or <br />employees under this Agreement. <br /> <br /> The duty of Contractor to defend, indemnify and save harmless, as set <br />forth herein, will include the duty to defend as set forth in Section 2778 of the <br />California Civil Code; provided, however, that nothing herein will be construed to <br />require Contractor to indemnify Indemnitees against any responsibility or liability in <br />contravention of Section 2782 of the California Civil Code. This Paragraph 12 will <br />survive the termination of this Agreement. <br /> <br /> 13. NON-DISCRIMINATION AND EQUAL OPPORTUNITY. Contractor <br />hereby warrants and agrees that, in the performance of this Agreement, it will not, <br /> <br />9/11/03 5 <br /> <br /> <br />