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Resolutions - Jersey City

Resolutions - Jersey City

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AMERICANS WITIH DISABILITIES ACT OF 1990Equal Opportuni1y for Individuals with DisabiltyThe contractor and the President of Medina Consul tant.ê I~~, (hereafter"owner") do hereby agree that the provisions of Title 11 of the Americans Wil' DisabiltiesAct of 1990 (the "Act") (42 U.S.C. S121 01 et seq.), which prohibits discriim~n¡: I:~on on thebasis of disabilty by public entities in all seNices, programs, and activities !Pre vided or madeavailable by public entities, and the rules and regulations promulgated pursÜel 'Ü there unto,are made a part of this contract. , ';In providing any aid, benefi, or seNice on behalf of the owner pursuant to ~hi:, contract, thecontractor agrees that the performance shall be in strict compliance with thè: ,",Ii:;t. .In thej .event that the contractor, its agents, seNants, employees,.or subc()n~h:ctors violate orare alleged to have, violated the Act during the performance of this contract~ the contractorshall defend the ovrner in any action or administrative proceeding commenCe:1 pursuant tothis Act.The contractor shall indemnify, protect, and.save harmless the!.owner, its a~E!nts, servants,and employees fro:n and against any and all suits, claims, losses, demaridß¡, .-:ir damages, ofwhatever kind or n;:iture arising out of or claimed to arise out of the alleged l\jitl'lation.The contractor shall, at its own expense, appear, defend, and pay anyandla charges forlegal seNices and any and all costs and other expenses arising from such ¡CI'!!ion oradministrative pro(:eeding or incurred in connection therewith. In any and ~Ili;:()mpiaintsbrought pursuant to the owner's grievance procedure, the contractor agree¡~ to abide by anydecision ofthe owner which is rendered pursuant to said grievance proced,~rn.. If any actionor administrative pmceeding results in an award of damages against the o~rieri or if theowner incurs any expense to cure a violation of the ADA which has been bh:liiight pursuant toits grievance procedure, the contractor shall satisfy and discharge the sam~ ;Jr. its ownexpense. i'The owner shall, a:~ soon as practicable after a claim has been made agaiTs! f.t, give writtennotice thereof to the cõntractor along with full and complete particulars of t\l~ claim, If anyaction or administrative proceeding .is brought against the owner or any of !t~ agents,servants, and emp oyees, the owner shall expeditiously forward or have fON\:lrded to thecontractor every dElmand, complaint, notice, summons, pleading, or other iPru:~ess receivedby the owner or its representatives. IiI ¡It is expressly agreed and understood that any approval by the owner of th~ !:òørvicesPro.vid,e. d by the cOl1tra.ctor pursuant to this contr~ct wil ~ot relieve the conf;C., :::tor of theobligation to comply with the Act and to defend, indemnify, protect, and sa la harmless the, owner pursuant to this paragraph. 'It is further agreed and understood that the owner assumes no obligation t~"idemnify orsave harmless the contractor, its agents, servants, employees and subcon~fê:'i:tors for anyclaim Which may arise out of their performance of this Agreement. I !! ii:

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