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7.4 If a Contractor or subcontractor violates the provisions of this section, the City may, at its option, terminate <br />said contract or subcontract and said Contractor or subcontractor in such event shall forfeit all rights under <br />his/her contract except to payment for actual labor and materials furnished to the City. The City may waive in <br />whole or in part any forfeitures or sanctions provided in this paragraph. <br />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, at seq., and all <br />regulations implementing the Act, especially including those regulations` set forth at 28 C.F.R. sec. 35.130, <br />or any later replacement for those regulations, directly or indirectly applicable to Contractor as a result of a <br />contract with the City. <br />8.2 To the extent legally possible, Contractor shall indemnify and hold City,-its officers, agents and employees, <br />harmless from and against any and 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 Contractor's employees, agents, <br />officers and contractors in connection with Contractor's obligations concerning services, aid or benefits to be <br />provided : to individuals with disabilities. In the event any such action or claim is brought against City, <br />Contractor shall, upon City's tender, defend the same at its sole cost and expense, promptly satisfy any <br />judgment adverse to City or to City and Contractor jointly, and reimburse City for any loss, cost, damage or <br />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 <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 <br />Americans with Disabilities Act and the regulations to enforce the Act. Contractor further warrants that <br />Contractor is in compliance with the requirements of the Act concerning local government services <br />applicable to Contractor as a result of this agreement. Contractor shall continue to comply with all <br />applicable provisions of the Act. City shall have the right to inspect, upon reasonable notice, Contractor's <br />records and all locations where the work is'to be performed to assure compliance with all applicable <br />provisions of the Act. <br />Standard Contract Provisions - Page 3 <br />(Revised June 2000) <br />