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6. EQUAL EMPLOYMENT OPPORTiJNITY
<br />During performance of this Agreement, MMC, for itself, its assignees and successors in interest, agrees as follows:
<br />6.1 Compliance With Regulations: MMC shall comply with Executive Order 11246, "Equal Employment
<br />Opportunity" and labor regulations (41 C.F.R. Part 60), hereinafter referred to as the "Regulations."
<br />6.2 Nondiscrimination: MMC, with regard to any work performed pursuant to this Agreement, shall not
<br />discriminate on the ground of race, color, religion, sex, national origin, or veteran status in the selection and
<br />retention of employees, subcontractors, the procurements of materials or leases of equipment.
<br />6.3 Solicitation for Subcontractor Including Procurements of Materials and Equipment: In all solicitations
<br />either by competitive bidding or negotiations made by MMC for work to be performed under any
<br />subcontract, including procurements of materials or equipment, such potential subcontractor or supplier
<br />shall be notified by MMC of MMC's obligation under this Agreement and the Regulations relative to
<br />nondiscrimination on the ground of race, color, religion, sex, national origin, or veteran status.
<br />6.4 Information and Reports: MMC shall provide all information and reports required by the Regulations, or
<br />orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other
<br />sources of information and its facilities as may be determined by CITY to be pertinent to ascertain
<br />compliance with such Regulations, orders and instructions. Where any information required of MMC is in
<br />the exclusive possession of another who fails or refuses to furnish this information, MMC shall so certify to
<br />CITY and shall set forth what efforts it has made to obtain the information.
<br />6.5 Incorporation of Provisions: MMC shall include the provisions of paragraphs 6.1 through 6.4 in every
<br />subcontract issued pursuant to this Agreement. MMC shall take such action with respect to any
<br />Regulations, order or instructions issued pursuant thereto. MMC shall take such action with respect to any
<br />subcontract or procurement as CITY may direct as a means of enforcing such provisions, including
<br />sanctions for noncompliance; provided, however, that in the event MMC becomes involved in, or is
<br />threatened with, litigation with a subcontractor or supplier as a result of such direction, MMC may request
<br />CITY to enter such litigation to protect the interests of CITY.
<br />7. WARRANTIES, REPRESENTATIONS AND INDEMNIFICATION
<br />7.1 By MMC. MMC represents that all Services shall be performed by persons with the skills and abilities
<br />necessary and consistent with the standards of professionalism prevalent in the industry. The Services
<br />and deliverables shall be provided free and clear of the proprietary claims of third parties. All Services
<br />shall be provided in accordance with applicable state and federal regulations, including, without
<br />limitation, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and applicable state
<br />regulations. THIS REPRESENTS THE FULL AND COMPLETE WARRANTY STATEMENT OF
<br />MMC HEREUNDER.
<br />7.2 By CITY. CITY represents that the information provided to MMC in the performance of Services by
<br />MMC hereunder shall be provided free and clear of the claims of third parties. CITY represents that
<br />CITY has the right to provide said information to MMC and that said information shall not be obscene,
<br />defamatory, or otherwise expose MMC to liability to third parties. CITY represents that it shall use
<br />reasonable and diligent efforts in the collection of moneys identified by MMC. CITY represents that in
<br />the event CITY elects not to proceed with diligent efforts in collection, that CITY shall remain liable to
<br />MMC in accordance with applicable Addendum as if CITY had proceeded with diligent efforts in
<br />collection.
<br />7.3 INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify,
<br />defend with counsel reasonably acceptable to the City, and hold harmless the City and its officials,
<br />officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits,
<br />actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or
<br />damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent
<br />caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its
<br />employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality
<br />or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury,
<br />loss of life, damage to property, or violation of law arises wholly from the negligence or willful
<br />misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant
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