Resolutions - Jersey City

. prviding any aid. benefit. or servce on behalf of the
APPENDIX A
AMERICANS WITH DISABILitiEs ACT OF "1990
Equal Opportnity for Indlv uals wi Disabilty
The _, an Ui 0- 4. . of -: . (h "ar" do heby
agre that the provisions of nUe 1 of the Americans ith. abilties Act of 1990 (te nAcr,
(42 U.S.C. 8121 01 at seq.). which prohibits disc:imination n the"basis of disabUit by public
enti in all servces, prorams, and actitis provided or made available bypubJlc entitl, and
the rUes and reLllations promulgated pursuant there unto, are made a part of this contrct .In
owner pursuant to this contrct. the
contctor agrees. that thepenonnance shall be in strct cømpliance with the Act. In the event
violate or are alleged to
that the contrctor, its agents, servnts. employees; or subcontractors
have violated the Act during the pènormanèe of this contract, the contractOr shall defend the
owner in any action . or administrtive proceeding 'commenced pursuant to this Act. The
cantractor shall Indemnify. protect, and save harmless the owner, its. agents, servants, and
employees from arid against any and all suits,
claims. losses, demands, or. damages. of
whatever kind or nature arising out of or claimed to arie out of the alleged vlolallon. The
contractor shall, at its own expense, ,appear,. defend. and pay any and all charges for legar
seriæs and any and. all crists and other expenses arising from such acton ar admlnfstrtlè
proceing or incurred in connection therewith. .In any and alt complaints broughtpursuant to the
ower's gri~anC8 procedure, the contractor agrees to abide by any decision of the ower which
is rendere pursuant to said grievance procdure: If any action or administrti proCéeding
reults i,n an award of damages against the owner, or if the oWner incur! any exense to cure a
vIolation oflhe ADA which has been brought puruant to its gnevance procedure, the contrctor
shall satisfy' and discharge the same at its òW: expense.
The owner shall, as soon as practicable after a claim has been made against It, give wrtten
notice thereof to the contractor along with full and complete partculars of the claim; If any action
or administrtie proceeding is brought against Ihaowner or any of its agents, servanls,and
employees, the owner shall expeditiously forward or have forwrded to
reprentaties. . ...
the cotractor every
demand, complaint, notice. summons, pleading, or òther process received by the owner. or LIS
It is exressly agred and understood that any ,approval by the owner ofthe seivcas provided by
the contrCtor pursuant to this contract will not relieve the contractor
of the obligation to. comply
wih the Act and to defend, indemnify, protect. and save harmless the owner. pursuant .tothls
paragraph.
It is furter agreed and undertood that the ower assumes no obligation tQ Indemnif. or save
harmless the centrctor. its agents,. servants, employees and sub"conlracto~ for any claim whic "
may añse out of tlelr penormanceof uiis Agreement. Furterore. the contrctor expressly
understands and agrees that the provisions of this indemnificåtion.clause shåll In no way limit
the contrctor's obligations assumed In ths Agreement, nor shall they
"be constred to relieve
the contrctor from -any ßabUily, nor preclude the owne fram taking any other acilons avalable 10
ilWlder an aDler prion of the Agrel or oIeise at Jaw. ç i .