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<br />"'--. <br /> <br />4. Indemnification. To the extent authorized by law, the CONTRACTOR shall indemnify, save, and <br />hold harmless the STATE, its employees and agents, against any and all claims, damages; liability' <br />and court awards including costs, expenses, and attorney fees incurred as a result of any act'or <br />omission by the CONTRACTOR, or its employees, agents, subcontractors, or assignees pursuant to . <br />the terms of this contract. <br /> <br />5. Discrimination And Affirmative Action. The CONTRACTOR agrees to comply with the letter and <br />spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law <br />respecting discrimination and unfair employment practices (CR.S. 24-34-402), and as required by <br />Executive Order, Equal Opportunity and Affirmative Action. dated April 16, 1975. Pursuant thereto, <br />the following provisions 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 employment <br />because of race, creed, color, national origin, sex, martial status, religion, ancestry, mental or <br />physical handicap, or age. The CONfRACTOR will take affirmative action to insure that <br />applicants are employed, and that employees are treated during employment, without regard <br />to the above mentioned characteristics. Such action shall include, but not be limited to the <br />following: employment upgrading, demotion, or transfer, recruitment or recruitment <br />advertisings; lay-ofts or terminations; rates of payor other forms of compensation; and <br />selection for training, including apprenticeship. The CONTRACTOR agrees to post in <br />conspicuous places, available to employees and applicants for employment, notices to be <br />provided by the contracting officer setting forth provisions of this non-discrimination clause. <br /> <br />b. The CONTRACTOR will, in all solicitation$ or advertisements for employees placed by or on <br />behalf of the CONTRACTOR, state that Illl qualified applicants will receive consideration for <br />employment without regard to race, creed, color, national origin, sex, martial status, religion, <br />ancestry, mental or physical handicap, or age. <br /> <br />c. The CONTRACTOR will send to each labor union or representative of workers with which he has <br />a collective bargaining agreement or other contract or understanding, notice to be provided by <br />. the contracting officer, advising the labor union or workers' representative of the <br />CONTRACTOR'S commitment under the Executive Order, Equal Opportunity and Affirmative <br />Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the <br />Govemor. <br /> <br />d. The CONTRACTOR and labor unions will furnish all information and reports required by <br />Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, <br />regulations and Orders of the Governor, or pursuant thereto, and will permit access to his <br />books, records, and accounts by the COr1tracting agency and the office of the Governor or his <br />designee for purposes of investigation to ascertain compliance with such rules, regulations and <br />orders. <br /> <br />e. A labor organization will not exclude any individual otherwise qualified from full membership <br />rights in such labor organization, or expel any such individual from membership in such labor <br />organization or discriminate against any of its members in the full enjoyment of work <br />opportunity because of race, creed, color, sex, national origin, or ancestry. <br /> <br />f. A labor organization, or the employees or shareholders thereof will not aid, abet, incite, compel <br />or coerce the doing of any act defined in this contract to be discriminatory or obstruct or <br /> <br />The Farmers Independent Ditch Company <br /> <br />Page 12 of 14 <br /> <br />Loan Contract <br />