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OPL, its contractor and sub -contractors, if any, shall not discriminate against any <br />employee or applicant for employment, to be employed in the performance of this contract, with <br />respect to his or her hire, tenure, terms, conditions or privileges of employment, or any matter <br />directly or indirectly related to employment, because of race, color, religion, sex, handicap, <br />national origin or ancestry. <br />Section VI <br />CITY HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE OPL, ITS <br />AFFILIATED COMPANIES (INCLUDING BUT NOT LIMITED TO ITS OPERATOR, BP <br />PIPELINES (NORTH AMERICA), INC.), AND ITS AND THEIR RESPECTIVE OFFICERS, <br />DIRECTORS, AGENTS, EMPLOYEES AND CONTRACTORS FROM AND AGAINST ANY <br />AND ALL LIABILITIES, CLAIMS, LOSSES, FINES, DAMAGES, COSTS AND EXPENSES <br />(INCLUDING COSTS AND EXPENSES OF DEFENSE), ARISING OUT OF ANY DUTY, <br />OBLIGATION OR SERVICE OF THE CITY PURSUANT TO THIS AGREEMENT OR ANY <br />ACTION OR CONDUCT PERFORMED BY THE CITY IN CONNECTION WITH THE <br />STRANDER BOULEVARD EXTENSION PROJECT; EXCEPT, HOWEVER, THIS INDEMNITY <br />SHALL NOT APPLY TO THE EXTENT OF THE GROSS NEGLIGENCE OR WILLFUL <br />MISCONDUCT OF OPL, ITS EMPLOYEES, AGENTS OR CONTRACTORS. IF ANY <br />PROVISION OF THIS INDEMNITY IS DETERMINED BY A COURT OF COMPETENT <br />JURISDICTION TO BE INVALID OR UNENFORCEABLE, THE REMAINING PROVISIONS OF <br />THIS INDEMNITY WILL REMAIN IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY <br />LAW. <br />NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, NEITHER <br />PARTY HERETO SHALL BE LIABLE TO THE OTHER PARTY FOR CONSEQUENTIAL, <br />INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, <br />LOST PROFITS, LOSS OF PRODUCTION OR OTHER DAMAGES ATTRIBUTABLE TO <br />BUSINESS INTERRUPTION) ARISING IN CONNECTION WITH THIS AGREEMENT. <br />3 <br />6 <br />