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"The contractor herein covenants by and for itself, its heirs, executors,
<br />administrators, and assigns, and all persons claiming under or through it, and
<br />this contract is made and accepted upon and subject to the conditions that
<br />there shall be no discrimination against or segregation of any person or of a
<br />group of persons on account of any basis listed in subdivision (a) or (d) of
<br />Section 12955 of the Government Code, as those bases are defined in Sections
<br />12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section
<br />12955, and Section 12955.2 of the Government Code in the leasing,
<br />subleasing, transferring, use, occupancy, tenure or enjoyment of the property
<br />herein transferred nor shall the contractor or any person claiming under or
<br />through it establish or permit any such practice or practices of discrimination
<br />or segregation with reference to the selection, location, number, use or
<br />occupancy of tenants, lessees, sublessees, subtenants, or vendees in the
<br />property herein transferred. The foregoing provisions shall be binding upon
<br />and shall obligate the contractor and any subcontracting parties, successors,
<br />assigns and other transferees under the contract."
<br />ARTICLE IV
<br />INSURANCE AND INDEMNIFICATION
<br />4.1 Insurance. School District shall maintain property and liability
<br />insurance in accordance with the provisions of the Joint Use Agreement.
<br />4.2 Indemnity. School District shall indemnify, defend, and hold Agency and
<br />City and their respective elected and appointed officials, officers, employees,
<br />officers and agents harmless from and against any and all liabilities, losses,
<br />costs, expenses (including without limitation attorneys' fees and costs of
<br />litigation), claims, demands, actions, suits, causes of action, writs, judicial or
<br />administrative proceedings, penalties, deficiencies, fines, orders, judgments
<br />and damages (all of the foregoing collectively "ClaimsM) which in any manner,
<br />directly or indirectly, in whole or in part, are caused by, arise in connection
<br />with, result from, relate to, or are alleged to be caused by, arise in connection
<br />with, result from, or relate to: (i) approval of this Agreement and/or the
<br />Project, (ii) the design, development, construction, use, operation, or
<br />maintenance of the Project or any part thereof , (iii) any breach or default on
<br />the part of School District in the performance of any covenant or agreement on
<br />the part of School District to be performed pursuant to the terms of this
<br />Agreement, (iv) any negligence of School District, or any of its agents,
<br />contractors, servants, employees, sublessees or licensees, and/or (v) the
<br />furnishing of labor or materials by School District; whether or not any
<br />insurance policies shall have been determined to be applicable to any such
<br />Claims. It is further agreed that City and Agency do not and shall not waive
<br />any rights against School District which they may have by reason of this
<br />indemnity and hold harmless agreement because of the acceptance by Agency
<br />or School District's deposit with Agency of any insurance policies required
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