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8. 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 regulations <br />implementing the Act, especially including those regulations set forth at 28 C.F.R. sec. 35.130, or any later replacement for <br />those regulations, directly or indirectly applicable to Contractor as a result 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 from <br />and against any and all claims, actions, liabilities, costs, including costs of defense, arising out of or in any way related to <br />any act or failure to act by Contractor and Contractor's employees, agents, officers and contractors in connection with <br />Contractor's obligations concerning services, aid or benefits to be provided to individuals with disabilities. In theeventany <br />such action or claim is brought against City, Contractor shall, upon City's tender, defend the same at its sole cost and <br />expense, promptly satisfy anyjudgment adverse to City or to City and Contractorjointly, and reimburse City for any loss, <br />cost, damage or expense (including legal fees) suffered or incurred by City. This right of indemnification and to be held <br />harmless shall be in addition to, and not in replacement of any other right that City may have under any statute, under the <br />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 applicable 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 performed to assure <br />compliance with all applicable provisions of the Act. <br />