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<br />I/" .;-., <br />" <br /> <br />machinery. tools, or equipment in the prosecution of the work the surety will pay the same in an amount not <br />exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum, Unless <br />such bond is executed, delivered and filed, no claim in favor of the CONTRACTOR arising under such contract <br />shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer <br />of the State of Colorado may be accepted in lieu of a bond, This provision is in compliance with CRS 38.26. <br />106. <br /> <br />4, Indemnification. To the extent authorized by law. the CONTRACTOR shall indemnify, save, and hold <br />harmless the STATE. its employees and agents, against any and all claims. damages, liability and court awards <br />including costs, expenses, and attorney fees incurred as a result of any act or omission by the CONTRACTOR. <br />or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. <br /> <br />5. Discrimination and affirmative action. The CONTRACTOR agrees to comply with the letter and spirit of <br />the Colorado Antidiscrimination Act of 1957, as amended, and other appliable law respecting discrimiation and <br />unfair employment practices (CRS 24.34-402). and as required by Executive Order, Equal Opportunity and <br />Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all <br />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 employment because <br />of race, creed, color. national origin. sex. martial status, religion, ancestry, mental or physical handicap, <br />or 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. <br />Such action shall include, but not be limited to the following: employment upgrading, demotion, or <br />transfer, recruitment or recruitment advertisings; lay-offs or terminations; rates of payor other forms <br />of compensation; and selection for training. including apprenticeship. The CONTRACTOR agrees to post <br />in conspicuous places, available to employees and applicants for employment. notices to be provided <br />by the contracting officer setting forth provisions of this non-discrimination clause. <br /> <br />b. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf <br />of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without <br />regard to race. creed. color, national origin, sex, martial status, religion, ancestry, mental or physical <br />handicap, or age. <br /> <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 <br />commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16. <br />1975. and of the rules, regulations, and relevant Orders of the Governor. <br /> <br />d. The CONTRACTOR and labor unions will furnish all information and reports required by Executive <br />Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules. regulations and <br />Orders of the Governor, or pursuant thereto, and will permit access to his books. records. and accounts <br />by the contracting agency and the office of the Governor or his designee for purposes of investigation <br />to ascertain compliance with such rules. regulations and orders, <br /> <br />e. A labor organization will not exclude any individual otherwise qualified from full membership rights <br />in 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, <br />creed, color, sex, national origin, or ancestry. <br /> <br />f. A labor organization. or the employees or members thereof will not aid, abet, incite, compel or <br />coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any <br /> <br />MILITARY PARK RESERVOIR COMPANY <br /> <br />Page g of 11 <br /> <br />LOAN CONTRACT <br />