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<br />4. Indemnification. To the extent authorized by law, the CONTRACTOR shall indemnify, <br />save, and hold harmless the STATE, its employees and agents, against any and all <br />claims, damages, liability and court awards including costs, expenses, and attorney <br />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 <br />contract. <br /> <br />5. Discrimination and affirmative action. The CONTRACTOR agrees to comply with <br />the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and <br />other applicable law respecting discrimination and unfair employment practices <br />(C.R.S. 24~34-402), and as required by Executive Order, Equal Opportunity and <br />Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions <br />shall be contained in all STA TE contracts or sub-contracts. <br /> <br />During the performance of this contract, the CONTRACTOR agrees as follows: <br /> <br />a. The CONTRACTOR will not discriminate against any employee or applicant for <br />employment because of race, creed, color, national origin, sex, martial status, <br />religion, ancestry, mental or physical handicap, or age. The CONTRACTOR will <br />take affirmative action to insure that applicants are employed, and that <br />employees are treated during employment, without regard to the above <br />mentioned characteristics. Such action shall include, but not be limited to the <br />following: employment upgrading, demotion, or transfer, recruitment or <br />recruitment advertisings; lay-ofts or terminations; rates of payor other forms of <br />compensation; and' selection for training, including apprenticeship. The <br />CONTRACTOR agrees to post in conspicuous places, available to employees and <br />applicants for employment, notices to be provided by the contracting officer <br />setting forth provisions of this non-discrimination clause. <br /> <br />b. The CONTRACTOR will, in all solicitations or advertisements for employees placed <br />by or on behalf of the CONTRACTOR, state that all qualified applicants will receive <br />consideration for employment without regard to race, creed, color, national <br />origin, sex, martial status, religion, ancestry, mental or physical handicap, or age. <br /> <br />c. The CONTRACTOR will send to each labor union or representative of workers with <br />which he has a collective bargaining agreement or other contract or <br />understanding, notice to be provided by the contracting officer, advising the labor <br />union or workers' representative of the CONTRACTOR'S commitment under the <br />Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, <br />and of the rules, regulations, and relevant Orders of the Govemor. <br /> <br />d. The CONTRACTOR and labor unions will furnish all information and reports <br />required by Executive Order, Equal Opportunity and Affirmative Action of April <br />16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant <br />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 <br />of investigation to ascertain compliance with such rules, regulations and orders. <br /> <br />Feasibility Report Loan Contract <br /> <br />Page8of11 <br />