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DocuSign Envelope ID:43D4036D-D682-462E-A5F7-A934F6159889
<br /> Agreement No. OP-24-47-IL
<br /> G. Confidentiality Clause Any documents, data, records, or other information given to or prepared by the
<br /> PARTICIPANT pursuant to this Agreement shall not be made available to any individual or organization
<br /> without prior written approval by the DEPARTMENT. All information secured by the PARTICIPANT from the
<br /> DEPARTMENT in connection with the performance of services pursuant to this Agreement shall be kept
<br /> confidential unless disclosure of such information is approved in writing by the DEPARTMENT.
<br /> H. Reporting/Consultation The PARTICIPANT shall consult with and keep the DEPARTMENT fully informed as
<br /> to the progress of all matters covered by this Agreement.
<br /> J. Indemnification Unless prohibited by State law, the PARTICIPANT agrees to hold harmless and indemnify
<br /> the DEPARTMENT, and its officials, employees, and agents,from any and all losses, expenses, damages
<br /> (including loss of use), suits, demands and claims, and shall defend any suit or action, whether at law or in
<br /> equity, based on an alleged injury or damage of any type arising from the actions or inactions of the
<br /> PARTICIPANT and/or the PARTICIPANT's employees, officials, agents, contractors and subcontractors, and
<br /> shall pay all damages,judgments, costs,expenses, and fees, including attorney's fees, incurred by the
<br /> DEPARTMENT and its officials, employees and agents in connection therewith.
<br /> PARTICIPANT shall defend, indemnify and hold the DEPARTMENT harmless against a third-party action,
<br /> suit or proceeding ("Claim")against the DEPARTMENT to the extent such Claim is based upon an allegation
<br /> that an action of PARTICIPANT infringes a valid United States patent or copyright or misappropriates a third
<br /> party's trade secret.
<br /> K. Equal Employment Practice
<br /> 1. The PARTICIPANT must comply with the"Equal Employment Opportunity Clause"required by the Illinois
<br /> Department of Human Rights. The PARTICIPANT must include a requirement in all contracts with third
<br /> parties (contractor or consultant)to comply with the requirements of this clause. The Equal Employment
<br /> Opportunity Clause reads as follows:
<br /> In the event that the PARTICIPANT, its contractor or consultant fails to comply with any provisions of this
<br /> Equal Employment Opportunity Clause,the Illinois Human Rights Act Rules and Regulations of the Illinois
<br /> Department of Human Rights("IDHR"),the PARTICIPANT, its contractor or consultant may be declared
<br /> ineligible for future contracts or subcontracts with the state of Illinois or any of its political subdivisions or
<br /> municipal corporations, and the contract may be canceled or voided in whole or in part, and such other
<br /> sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation.
<br /> During the performance of this contract,the PARTICIPANT agrees as follows:
<br /> a. That it will not discriminate against any employee or applicant for employment because of race,
<br /> color, religion, sex, national origin, ancestry, age, physical or mental handicap unrelated to ability,
<br /> or an unfavorable discharge from military service;and further that it will examine all job
<br /> classifications to determine if minority persons or women are underutilized and will take
<br /> appropriate affirmative action to rectify any such underutilization;
<br /> b. That, if it hires additional employees in order to perform this contract or any portion thereof, it will
<br /> determine the availability(in accordance with IDHR's Rules and Regulations)of minorities and
<br /> women in the area(s)from which it may reasonably recruit and it will hire for each job
<br /> classification for which employees are hired in such a way that minorities and women are not
<br /> underutilized.
<br /> c. That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state
<br /> that all applicants will be afforded equal opportunity without discrimination because of race, color,
<br /> religion, sex, national origin or ancestry, physical or mental handicap unrelated to ability, or an
<br /> unfavorable discharge from military service;
<br /> d. That it will send to each labor organization or representative of workers with which it has or is
<br /> bound by a collective bargaining or other agreement or understanding, a notice advising such
<br /> labor organizations or representative of the PARTICIPANT'S, its contractor's and/or consultant's
<br /> obligations under the Illinois Human Rights Act and IDHR's Rules and Regulations. If any such
<br /> labor organization or representative fails or refuses to cooperate with the PARTICIPANT'S, its
<br /> contractor's and/or consultant's in its efforts to comply with such Act and Rules and Regulations,
<br /> the PARTICIPANT'S, its contractor's and/or consultant's will promptly notify IDHR and the
<br /> DEPARTMENT and will recruit employees from other sources when necessary to fulfill its
<br /> Printed 08/17/21 Page 7
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