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<br />same in an amount not exceeding the sum specified in the bond, together with interest at the rate
<br />of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of
<br />the CONTRACTOR arising under such contract shall be audited, allowed or paid. A certified or
<br />cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be
<br />accepted in lieu of a bond. This provision is in compliance with C.R.S. 38-26-106. -
<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 attomey 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 (C.R.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 CONTRACTOR 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-offs 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 solicitations or advertisements for employees placed by or on
<br />behalf of the CONTRACTOR, state that all 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 fumish 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 Govemor, or pursuant thereto, and will permit access to his
<br />books, records, and accounts by the contracting agency and the office of the Govemor 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 />
<br />The Agricultural Ditch and Reservoir Company
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<br />Page 12 of 14
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<br />Loan Contract
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