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. ~ INDEMNIFICATION 4. To the extent authorized by law. the CONTRACTOR shall indemnify, save. and hold harmless the STATE, its employees and agents. against any and all claims. damages. liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the CONTRACTOR. or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract DISCRIMINATION AND AFFIRMATIVE ACTION 5. The CONTRACTOR agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957. as amended. and other applicable law respecting discrimination and unfair employment practices (C,RS. 24-34-402), and as required by Executive Order. Equal Opportunity and Affirmative Action. dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all STATE contracts or sub-contracts. During the performance of this contract. the CONTRACTOR agrees as follows: a. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race. creed, color. national origin. sex. martial status. religion, ancestry. mental or physical handicap, or age. The CONTRACTOR will take affirmative action to insure that applicants are employed. and that employees are treated during employment. without regard to the above mentioned characteristics. Such action shall include. but not be limited to the following: employment upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay-offs or terminations; rates of payor other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants' for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. b, The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race. creed. color. national origin, sex, martial status, religion, ancestry, mental or physical handicap, or age. c. The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding. notice to be provided by the contracting officer, advising the labor union or workers' representative of ~-~-------lhe-CONTRACTO'R's commitment unaer-tfieexecutive UFaer, ~ual uppoi1unlty and- Affirmative Action, dated April 16, 1975, and of the rules. regulations, and relevant Orders of the Governor. d. The CONTRACTOR and labor unions wHl furn'lsh all information and reports required by Executive Order. Equal Opportunity and Affirmative Action of April 16. 1975, and by the rules. regulations and Orders of the Governor, or pursuant thereto. and will permit access to his books, records. and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders, e. A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization. or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race. creed, color, sex. national origin. or ancestry. f. A labor organization, or the employees or members thereof will not aid, abet, incite. compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued Owl Creek Supply and Irrigation Company Page 11 of 13 Loan Contract