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contract except to payment for actuai labor and materials furnished to the City. The City may waive in whole or in <br />part any forfeitures or sanctions provided in this paragraph. <br />Nondiscrimination on the Basis of Disability (Americans with Disabilities Act, 42 USC sec. 12101 et seq.) <br />The Contractor shall: <br />8.1 Comply with all requirements of the Americans with Disabilities Act, 42 U.S.C. sec. 12101, et seq., and all <br />regulations implementing the Act, especially including those regulations set forth at 28 C.F.R. sec. 35.130, or any <br />later replacement for those regulations, directly or indirectly applicable to Contractor as a result of a contract with <br />the City. <br />8.2 To the extent legally possible, Contractor shali indemnify and hoid City, its officers, agents and employees, <br />harmless from and against any and all claims, actions, liabilities, costs, inciuding costs of defense, arising out of or <br />in any way related to any act or failure to act by Contractor and Contractor's employees, agents, officers and <br />contractors in connection with Contractor's obiigations concerning services, aid or benefits to be provided to <br />individuals with disabilities. In the event any such action or claim is brought against City, Contractor shall, upon <br />City's tender, defend the same at its sole cost and expense, promptly satisfy any judgment adverse to City or to . <br />City and Contractor jointiy, and reimburse City for any loss, cost, damage or expense (including legal fees) suffered <br />or incurred by City. This right of indemnification and to be held harmless.shall be in addition to, and not in <br />replacement of any other right that City may have.under any statute, under the common law or under this contract. <br />8.3 By acceptance of this agreement, Contractor warrants that Contractor is familiar with the requirements of the <br />Americans with Disabilities Act and the regulations to enforce the Act. Contractor further warrants that Contractor is <br />in compiiance with the. ~equirements of the Act concerning local government services applicable to Contractor as a <br />result of this agreement: Contractor shall continue to comply with ail applicable provisions of the Act: City shall <br />have the right to inspect, upon reasonable notice, Contractor's records and all locations where the work is to be <br />performed to assure compliance with all applicable provisions of the Act. <br />Standard Contract Provisions--Page 3 <br />(Revised November 1994) <br />