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and said Contractor or subcontractor in such event shall forfeit all rights <br />under~his/her contract except to payment for actual labor and materials fur- <br />nished to the City. <br />The City may waive in whole or in part any forfeitures or sanctions <br />provided in paragraph 7.3 above. <br />8. Nondiscrimination on the Basis of Disability <br />(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, <br />42 U.S.C. Sec. 12101, et'seq, and all regulations implementing the Act, espe- <br />cially 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 <br />Contractor as a result of a contract with the City. <br />8.2 To the extent legally possible, Contractor shall indemnify and hold <br />City, its officers, agents and employees, harmless from and against any and <br />all claims, actions, liabilities, costs, including costs of defense, arising <br />out of or in any way related to any act or failure to act by Contractor and <br />Contractor's employees, agents, officers and contractors in connection with <br />Contractor's obligations concerning services, aid o`r benefits to be provided <br />to individuals with disabilities. In the event any such action or claim is <br />brought against City, Contractor shall, upon City's tender, defend the same <br />at its sole cost and expense, promptly satisfy any judgment adverse to City <br />or to City and Contractor jointly, and reimburse City for ant loss, cost, <br />damage or expense (including legal fees) suffered or incurred by City. This <br />right of indemnification and to'be held harmless shall be in addition to, and <br />not in replacement of any other right that City may have under any statute, <br />under the common law, or under this contract. <br />8.3 By acceptance of this agreement, Contractor warrants that Contractor <br />is familiar with the requirements of the Americans with Disabilities Act and <br />the regulations to enforce the Act: Contractor further warrants that Con- <br />tractor is in compliance with the requirements of the Act concerning local <br />government services applicable to Contractor as a result of this agreement. <br />Contractor shall continue to comply with all applicable provisions of the <br />Act. City shall have the right to inspect, upon reasonable notice, Contrac- <br />tor's records and all locations where the work is to be performed to assure <br />compliance with all applicable provisions of the Act. <br />Personal Services Contract - 11 <br />