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<br />sustenance, prOVISions, provendor or other supplies used or consumed by such CONTRACTOR or his
<br />subcontractor in performance of the work contracted to be done or fails to pay any person who supplies
<br />rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in an
<br />amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per
<br />annum, Unless such bond is executed, delivered and filed, no claim in favor of the CONTRACTOR arising
<br />under such contract shall be audited, allowed or paid, A certified or cashier's check or a bank money
<br />order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision
<br />is in compliance with C.R.S. 38-26-106,
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<br />INDEMNIFICATION
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<br />4, To the extent authorized by law, the CONTRACTOR shall indemnify, save, and hold harmless the STATE. its
<br />employees and agents. against any and all claims, damages, liability and court awards including costs,
<br />expenses, and attorney 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 contract
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<br />DISCRIMINATION AND AFFIRMATIVE ACTION
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<br />5. The CONTRACTOR agrees to comply with the letter and spirit ofthe Colorado Antidiscrimination Act of
<br />1957, as amended, and 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 Affirmative Action, dated
<br />April 16, 1975, Pursuant thereto, the following provisions shall be contained in all STATE contracts or sub-
<br />contracts,
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<br />During the performance of this contract, the CONTRACTOR agrees as follows:
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<br />a, The CONTRACTOR will not discriminate against any employee or applicant for employment because of
<br />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
<br />post in 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.
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<br />b, The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of
<br />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.
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<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.
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<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
<br />accounts by the contracting agency and the office of the Governor or his designee for purposes of
<br />investigation to ascertain compliance with such rules, regulations and orders.
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<br />e. A labor organization will not exclude any individual otherwise qualified from full membership rights in
<br />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,
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<br />f. A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce
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<br />Otero Ditch Company
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<br />Page 11 of13
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<br />Loan Contract
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