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y <br />6. EQUAL EMPLOYMENT OPPORTUNITY <br />During performance of this Agreement, MMC, for itself, its assignees and successors in interest, <br />agrees as follows: <br />6.1 Compliance With Regulations: MMC shall comply with Executive Order 11246, "Equal <br />Employment Opportunity" and labor regulations (41 C.F.R. Part 60), hereinafter referred <br />to as the "Regulations." <br />6.2 Nondiscrimination: MMC, with regard to any work performed pursuant to this <br />Agreement, shall not discriminate on the ground of race, color, religion, sex, national <br />origin, or veteran status in the selection and retention of employees, subcontractors, the <br />procurements of materials or leases of equipment. <br />6.3 Solicitation for Subcontractor. Including Procurements of Materials and Equipment: In all <br />solicitations either by competitive bidding or negotiations made by MMC for work to be <br />performed under any subcontract, including procurements of materials or equipment, such <br />potential subcontractor or supplier shall be notified by MMC of MMC's obligation under <br />this Agreement and the Regulations relative to nondiscrimination on the ground of race, <br />color, religion, sex, national origin, or veteran status. <br />6.4 Information and Reports: MMC shall provide all information and reports required by the <br />Regulations, or orders and instructions issued pursuant thereto, and will permit access to its <br />books, records, accounts, other sources of information and its facilities as may be <br />determined by City to be pertinent to ascertain compliance with such Regulations, orders <br />and instructions. Where any information required of MMC is in the exclusive possession <br />of another who fails or refuses to furnish this information, MMC shall so certify to City <br />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 <br />6.4 in every subcontract issued pursuant to this Agreement. MMC shall take such action <br />with respect to any Regulations, order or instructions issued pursuant thereto. MMC shall <br />take such action with respect to any subcontract or procurement as City may direct as a <br />means of enforcing such provisions, including sanctions for noncompliance; provided, <br />however, that in the event MMC becomes involved in, or is threatened with, litigation with <br />a subcontractor or supplier as a result of such direction, MMC may request City to enter <br />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 <br />skills and abilities necessary and consistent with the standards of professionalism <br />prevalent in the industry. The Services and deliverables shall be provided free and clear <br />of the proprietary claims of third parties. All Services shall be provided in accordance <br />with applicable state and federal regulations, including, without limitation, the Fair Credit <br />Reporting Act, the Fair Debt Collection Practices Act, and applicable state regulations. <br />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 <br />Services by MMC hereunder shall be provided free and clear of the claims of third <br />parties. City represents that City has the right to provide said information to MMC and <br />MMC Services Agreement <br />Page 4 <br />