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consequence of, or are in any way attributable to, in whole or in part, the performance of this
Agreement by the Consultant, its agents, employees or subconsultants.
d. Consultant shall defend, indemnify, and hold harmless SCAG, its members, officers, Regional
Council Board Members, employees and agents against any and all claims against SCAG based
upon allegations that Consultant has wrongfully utilized Intellectual Property of others in
performing work pursuant to this Agreement or that SCAG has wrongfully used Intellectual
Property developed by Consultant pursuant to this Agreement.
Use the following indemnification provisions for contracts that involve A&E, design or
construction (such as one with an architect, design engineer, etc.)
a. Consultant assumes all risk of injury to its employees, agents and contractors, including loss or
damage to property.
b. Consultant shall indemnify and hold harmless SCAG, its members, officers, Regional Council
Board members, employees and agents from an against all claims, suits or causes of action for
injury to any person or damage to any property to the extent caused by its willful misconduct,
recklessness and negligent acts arising out of its performance of work under this Agreement.
Consultant will reimburse SCAG for any defense costs incurred to the extent attributable to
Consultant’s willful misconduct, recklessness and negligent acts.
c. For all other services performed by Consultant pursuant to this Agreement, the Consultant shall
indemnify, protect, defend and hold harmless SCAG, its members, officers, Regional Council
members, employees and agents from and against any and all losses, liabilities, damages, costs
and expenses, including attorney’s fees and costs where the same arises out of, are a
consequence of, or are in any way attributable to, in whole or in part, the performance of this
Agreement by the Consultant, its agents, employees or subconsultants.
27. Non-Discrimination/Equal Employment Opportunity
a. Consultant shall not, during the performance of this Agreement or in selection or retention of
Subconsultants, including procurement of materials and leases of equipment, unlawfully
discriminate, harass or allow harassment against any employee or applicant for employment
because of sex, race, color, ancestry, religion creed, national origin, physical disability (including
HIV and AIDS), medical condition (cancer), age, marital status, denial of family and medical
care leave, or denial of pregnancy disability leave.
Consultant shall ensure, and shall require that its Subconsultant(s) ensure that the evaluation and
treatment of their employees and applicants for employment are free from such discrimination
and harassment.
Consultant shall comply and ensure that its Subconsultant(s) comply with the provisions of the
Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable
regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et
seq.). The applicable regulations of the Fair Employment and Housing Commission
implementing Government Code, Section 12990 (a-f), set forth in Chapter 5 of Division 4 of
Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference
and made a part hereof as if set forth in full.