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<br />INDEMNIFICATION
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<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
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<br />DISCRIMINATION AND AFFIRMATIVE ACTION
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<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.RS. 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 STA TE contracts or sub-contracts,
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<br />During the performance of this contract, the CONTRACTOR agrees as follows:
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<br />a. The CONTRACTOR will not discriminate against any employee or applicant for employment because of
<br />race, creed, color, national origin, sex, martial 5tatus, religion, ancestry, mental or physical handicap, or
<br />age, The CONTRACTOR will take affirmative <ilction 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 payor 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,
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<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, marti;31 status, religion, ancestry, mental or physical handicap,
<br />or age.
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<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.
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<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 Govemor or his designee for purposes of investigation to
<br />ascertain compliance with such rules, regulations and orders,
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<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 inoividual 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, nationai origin, or ancestry,
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<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,
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<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
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<br />Western Mutual Ditch Company
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<br />Page 11 of 13
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<br />Loan Contract
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