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Nondiscrimination on the Basis of Disability (Americans with Oisabilities Act, 42 USC sec. 12101 et seq.) <br />The Contractor shall: <br />8.1 Comply with ail requirements of the Americans with Disabilities Act, 42 U.S.C. sec. 12t01, et seq., and all regulations <br />implementing the Act, especially including those regulations set forth at 28 C.F.R. sec. 35.130, or any later replacement <br />for those regulations, directly or indirectly applicable to Contractor as a resuit of a contract with the City. <br />8.2 To the extent legally possible, Contractor shall indemnify and hold City, its officers, agents and employees, harmless <br />from and against any and ali claims, actions, liabilities, costs, including costs of defense, arising out of or in any way <br />related to any act or failure to act by Contractor and Contractor's employees, agents, officers and contractors in <br />connection with Contractor's obligations concerning services, aid or benefits to be provided to individuals with disabilities. <br />In the event any such action or claim is brought against City, Contractor shall, upon Citys tender, defend the same at its <br />sole cost and expense, promptly satisfy any judgment adverse to City or to City and Contractor jointly, and reimburse City <br />for any loss, cost, damage or expense (including legal fees) suffered or incurred by City. This right of indemnification <br />and to be he~d harmless shall be in addition to, and not in replacement of any other right that City may have under any <br />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 Americans <br />with Disabilities Act and the regulations to enforce the Act. Contractor further warrants that Contractor is in compliance <br />with the requirements of the Act concerning local government services appticable to Contractor as a result of this <br />agreement. Contractor shall continue to comply with all applicable provisions of the Act. City shall have the right to <br />inspect, upon reasonable notice, Contractor's records and all locations where the work is to be pe~formed to assure <br />compliance with all applicable provisions of the Act. <br />Standard Contract Provisions-Page 3 <br />(Revised November 1994) <br />