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Resolution of the City of Jersey City, N.J.

Resolution of the City of Jersey City, N.J.

Resolution of the City of Jersey City, N.J.

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AMRICANS WITH DISABILITIES ACT OF 1990Equal Opportunity for Individuals with Disabilty "The contractor and <strong>the</strong> Own-e <strong>of</strong> ~/1:lrl(;t &~¿(,(hereafter"owner") do hereby agree that <strong>the</strong> provisions <strong>of</strong> Title 11 <strong>of</strong> <strong>the</strong> Americans With Disabilities Act<strong>of</strong> 1990 (<strong>the</strong> "Act") (42 Us.c. S121 01 et seq.), which prohibits discrimination on <strong>the</strong> basis <strong>of</strong>disability by public entities in all services, programs, and activities provided or made available bypublic entities, and <strong>the</strong> rules and regulations promulgated puruant <strong>the</strong>re unto, are made a part <strong>of</strong>this contract.In providing any aid, benefit, or service on behalf <strong>of</strong> <strong>the</strong> owner pursuant to this contract, <strong>the</strong>contractor agrees that <strong>the</strong> performance shall be in strict compliance with <strong>the</strong> Act.In <strong>the</strong> event that <strong>the</strong> contractor, its agents, servants, employees, or subcontractors violate or arealleged to have violated <strong>the</strong> Act durng <strong>the</strong> performance <strong>of</strong>this contrct, <strong>the</strong> contractor shalldefend <strong>the</strong> owner in any action or admnistrative proceeding commenced puruat to this Act.The contractor shall indemny, protect, and save harmess <strong>the</strong> owner, its agents, servants, andemployees from and against any and all suits, claims, losses, demands, or damages, <strong>of</strong> whateverkind or nature arising out <strong>of</strong> or claimed to arise out <strong>of</strong> <strong>the</strong> 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 o<strong>the</strong>r expenses arsing from such action or admstrtiveproceeding or incured in connection <strong>the</strong>rewith. In anyand all complaints brought puruat to<strong>the</strong> owner's grevance procedure, <strong>the</strong> contractor agrees to abide by any decision <strong>of</strong> <strong>the</strong> ownerwhich is rendered pursuant to said grievance procedure. If any action or admstrativeproceeding results in an award <strong>of</strong> damages against <strong>the</strong> owner, or if<strong>the</strong> owner incurs anyexpenseto cur a violation <strong>of</strong> <strong>the</strong> ADA which has been brought pursuat to its grievance procedure, <strong>the</strong>contractor shall satisfy and discharge <strong>the</strong> same at its own expense.The owner shall, as soon as practicable afer a claim has been made against it, give written notice<strong>the</strong>re<strong>of</strong> to <strong>the</strong> coìitractor along with full and complete pariculars <strong>of</strong> <strong>the</strong> claim, If any action oradminstrative proceedig is brought against <strong>the</strong> owner or any <strong>of</strong> its agents, servants, andemployee, <strong>the</strong> owner shall expedtiously forward or have forwarded to <strong>the</strong> contrctor everydemand, complaint, notice, sumons, pleadig, or o<strong>the</strong>r processrepresentatives.received by <strong>the</strong> owner or itsIt is expressly agreed and understood that any approval by <strong>the</strong> owner <strong>of</strong> <strong>the</strong> servces provided by<strong>the</strong> contractor pursuant to this contrat will not relieve <strong>the</strong> contrctor <strong>of</strong><strong>the</strong> obligation to complywith <strong>the</strong> Act and to defend, indemn, protect, and save harless <strong>the</strong> owner puruat to thisparagraph.It is fuer agreed and understood that <strong>the</strong> owner assumes no obligation to indemnify or saveharmless <strong>the</strong> contractor, its agents, servants, employees and subcontractors for any claim whichmay arise out <strong>of</strong><strong>the</strong>ir performance <strong>of</strong> this Agrment.

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