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• I
<br /> INDEMNIFICATION
<br /> 4. To the extent authorized by law, the CONTRACTOR shall indemnify, save, and hold harmless the STATE, its
<br /> employees and agents, against any and all claims, damages, liability and court awards including costs,
<br /> expenses, and attorney fees incurred as a result of any act or omission by the CONTRACTOR, or its
<br /> employees, agents, subcontractors, or assignees pursuant to the terms of this contract.
<br /> DISCRIMINATION AND AFFIRMATIVE ACTION
<br /> 5. The CONTRACTOR agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,
<br /> as amended, and other applicable law respecting discrimination and unfair employment practices (C.R.S. 24-
<br /> 34-402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975.
<br /> Pursuant thereto, the following provisions shall be contained in all STATE contracts or sub-contracts.
<br /> During the performance of this contract, the CONTRACTOR agrees as follows:
<br /> a. The CONTRACTOR will not discriminate against any employee or applicant for employment because of
<br /> race, creed, color, national origin, sex, martial status, religion, ancestry, mental or physical handicap, or
<br /> age. The CONTRACTOR will take affirmative action to insure that applicants are employed, and that
<br /> employees are treated during employment, without regard to the above mentioned characteristics. Such
<br /> action shall include, but not be limited to the following: employment upgrading, demotion, or transfer,
<br /> recruitment or recruitment advertisings; lay-offs or terminations; rates of pay or other forms of
<br /> compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in
<br /> conspicuous places, available to employees and applicants for employment, notices to be provided by
<br /> the contracting officer setting forth provisions of this non-discrimination clause.
<br /> b. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the
<br /> CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard
<br /> to race, creed, color, national origin, sex, martial status, religion, ancestry, mental or physical handicap,
<br /> or age.
<br /> c. The CONTRACTOR will send to each labor union or representative of workers with which he has a
<br /> collective bargaining agreement or other contract or understanding, notice to be provided by the
<br /> contracting officer, advising the labor union or workers' representative of the CONTRACTOR'S commitment
<br /> under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the
<br /> rules, regulations, and relevant Orders of the Governor.
<br /> d. The CONTRACTOR and labor unions will furnish all information and reports required by Executive Order,
<br /> Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of
<br /> the Governor, or pursuant thereto, and will permit access to his books records, and accounts by the
<br /> contracting agency and the office of the Governor or his designee per' «:;,e inpsiffitcptipn to
<br /> ascertain compliance with such rules, regulations and orders. Erj rtj
<br /> e. A labor organization will not exclude any individual otherwise qualified from full membership rights in
<br /> such labor organization, or expel any such individual from membership in such labor organization or
<br /> discriminate against any of its members in the full enjoyment of work opportunity because of race, creed,
<br /> color, sex, national origin, or ancestry.
<br /> f. A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the
<br /> doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from
<br /> complying with the provisions of this contract or any order issued thereunder; or attempt, either directly
<br /> or indirectly, to commit any act defined in this contract to be discriminatory.
<br /> g. In the event of the CONTRACTOR'S non-compliance with the non-discrimination clauses of this contract or
<br /> with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in
<br /> whole or in part and the CONTRACTOR may be declared ineligible for further STATE contracts in
<br /> accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of
<br /> April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith, and such other
<br /> Western Mutual Ditch Company Page 11 of 13 Loan Contract
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