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<br />37. Equal Opportunity <br /> <br />During the perfonnance of the executed contract, the Contractor, in <br />compliance with Executive Order 11246, as amended by Executive <br />Order 11375 and Department of Labor Regulations 4ICFR, Part 60, <br />shall not discriminate against any employee or applicant for <br />employment because of race, color, religion, sex, or national origin. <br />The Contractor shall take affirmative action to insure that applicants <br />for employment are qualified, and that employees are treated during <br />employment, without regard to their race, color, religion, sex, or <br />national origin. <br /> <br />38. Waiver <br /> <br />Any waiver by either party of a breach of any provisions of the <br />executed contract shall not affect, in any respect, the validity of the <br />remainder of the executed Contract. <br /> <br />39. Indemnification <br /> <br />The Contractor shall indemnify and hold harmless the City, its <br />employees and agents, for all claims, damages, losses, and expenses, <br />including, but not limited to, attorney fees, which they may suffer or <br />for which they may be held liable as a result of the fault of the <br />Contractor, his employees, or subcontractors in the performance of <br />the executed Contract. <br /> <br />40. Performance & Payment Bond <br /> <br />Contractor shall execute and deliver to the City a Performance and <br />Payment Bond with the corporate surety in the sum of$25,000 or <br />equal ("equal" may include a Letter of Credit from a banking <br />institute approved by the City). This agreement shall not become <br />effective until such a bond, in a form acceptable to the City, has been <br />delivered to the City and approved by the City Attorney. <br /> <br />The executed contract shall be subject to termination by the City at <br />any time if said bond shall be cancelled or the surety thereon relieved <br />from liability for any reason. The term of such performance bond <br />shall be for the life of the executed contract. Extensions or renewals <br /> <br />23 <br />