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<br />CONTRACTOR agrees to take affirmative action to insure that applicants are
<br />employed, and that employees are treated during employment, without regard to
<br />their race, religious creed, color, national origin, ancestry, physical disability,
<br />mental disability, medical condition, marital status, sex or age.
<br />FRIENDS will cause the foregoing provisions to be inserted in all contracts for any
<br />work covered by this agreement, provided that the foregoing provisions shall not
<br />apply to contracts or subcontracts for standard commercial supplies or raw materials.
<br />FRIENDS shall require CONTRACTOR to furnish FRIENDS with signed
<br />"Certification of Non-Discrimination" included as Exhibit D hereto. In the event of
<br />noncompliance with the nondiscrimination clause of this Agreement by either
<br />FRIENDS or CONTRACTOR, this Agreement may be rescinded or modified.
<br />16. AUDIT AND INSPECTIONS
<br />FRIENDS shall permit, at any time and as often as CITY deems necessary, CITY and
<br />its authorized representatives to have access to FRIENDS and CONTRACTOR'S
<br />books, records, accounts and any and all data relevant to this Agreement, for the
<br />purpose of making an audit or examination for a period of four years following the
<br />fiscal year of the last expenditure under this Agreement. FRIENDS shall permit and
<br />facilitate observation and inspection of the work and records at FRIENDS' principal
<br />office and job site by CITY, its employees, agents, public authorities and other
<br />designees, during reasonable business hours. CITY and FRIENDS acknowledge that
<br />all records related to expenditures under the Children's Zoo development subject to
<br />public review.
<br />17. INDEMNIFICATION
<br />CITY agrees to save, indemnify, defend and hold harmless, FRIENDS, its
<br />boardmembers, directors, officers, agents and employees from any and all claims,
<br />demands, losses, liens, expenses (including reasonable attorney's fees) or liability of
<br />any nature or character, arising out of, related to, or in any way connected with, the
<br />subject matter of this Agreement, including but not limited to claims of damage of
<br />property or injury to or death of persons accruing or resulting to any and all
<br />contractors, subcontractors, materialsmen, laborers and any other person, firm or
<br />corporation furnishing or supplying work, services, materials or supplies in
<br />connection with the performance of this Agreement by the CITY and from any and all
<br />claims and losses accruing or resulting to any person, firm or corporation who may be
<br />injured or damaged by the CITY in the performance of this Agreement.
<br />FRIENDS agrees to require CONTRACTOR to save, indemnify, defend and hold
<br />harmless, FRIENDS, its boardmembers, directors, officers, agents and employees and
<br />CITY, its Mayor, City Council, officers, agents and employees from any and all
<br />FriendsZoo.Agr
<br />1/28/00
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