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Resolutions - Jersey City

Resolutions - Jersey City

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AMERICANS WITH DISABILITIES ACT OF 1990Equal Opportunity for Individuals with DisabiltyThe contractor and the. Cirj of :rf~seý CIT'/ , (hereafter"owner") do hereby agree that theprovisions ofTitle 11 odhe Ameticans With Disabilities Actof 1990 (the "Act") (42 u.s.c. SL2L 01 et seq,), which prohibits discrimination on the basis ofdisability by public entities in all services, programs, and activities provided or made available bypublic entities, and the rules and regulations promulgated pursuant there unto, are made a part ofthis contract.In providing any aid, benefit, or service on behalf ofthe owner pursuant to this contract, thecontractor agrees that the performance shall be in strict compliance with the Act.In the event that the contractor, its agents, servants, employees, or subcontractors violate or arealleged to have violated the Act during the performance ofthis contract, the contractor shalldefend the owner in any action or administrative proceeding commenced pursuant to this Act.The contractor shall indemnifY, protect, and save haimless the owner, its agents, servants, andemployees from and against any and all suits, claims, losses, demands, or damages, ofwhateverkind or nature arising out of or claimed to arise out of the alleged violation.The contractor shall, at its own expense, appear, defend, and pay any and all charges for legalservices and any and all costs and other expenses arising from such action or administrativeproceeding or incurred in connection therewith. In any and all complaints brought pursuant tothe owner's grievance procedure, the contractor agrees to abide by any decision ofthe ownerwhich is rendered pursuant to said grievance procedure. If any action or administrativeproceeding resu!tsin an award ofdamagcs against the owner, or if the owner incurs any expenseto cure a violation of the ADA which has been brought pursuant to its grievance procedure, thecontractor shall satisfy and discharge the same at its own expense.The Owner shall, as soon as practicable after a claim has been made against it, give written noticethereof to the contractor along with ful 1 and complete particulars of the claim, If any action Ofadministrative proceeding is brought against theowner or any of its agents, servants, and, employees, the owner shall expeditiously forward or have forwarded to the contractor everydemand, complaint, notice, summons, pleading, or other process received by the owner or itsrepresentatives.It is expressly agreed and understood that any approval by the owner of the services provided bythe contractor pursuant to this contract wil not relieve the cOntractor ofthe obligation to complywith the Act and to defend, indemnify, protect, and save harmless the owner pursuant to thisparagraph,It is further agreed and understood that the owner assumes no obligation to indemnify or saveharmless the contractor, its agents)servants, employees and subcontractors for any claim whichmay arise out of their performance of this Agreement.

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