238-25 Exhibit B.pdf

t ' i AMERICANS WITH DISABILITIES ACT OF 1990 Equal Opportunity fer Individuals with Disability ‘The contractor and the Township of West Orange, (hereafter “TOWNSHIP") do hereby agree that the provisions of Title 11 of the Amricans With Disabilities Act of 1990 (the "Act") (42 ULS.C, 8121 01 et seq.), which probibits discrimination on the basis of disability by public entities in all services, programs, activities provided or made available by public ontities, and the rules and regulations promulgated pursuant there unto, are made a part of this contract, In providing any aid, benefit, or service on behalf of the TOWNSHIP Pursnant to this contract, the contractor agrees that the performance shal! be in strict compliance with the Act. In the event that the contractor, its agents, servants, employees, or subcontractors violate ar are alleged to have violnted the Act during the performance of this contract, the contractor shail defend the TOWNSHIP in any action or administrative proceeding commenced pursuant to this Act, ‘The contractor shall indemnify, protect, and save harriless the TOWNSHIP, its agonts, servants, and employees ftom and against any and all suits, claims, lasses, demands, or damages, of whatever kind of nature arising out of or claimed to arise out of the alleged violation, The contractor shall, at ity pwn expense, appear, defend, and pay any and all charges for legal services und dry and all costs and other oxpenses arising ftom such action or administrative proceeding or incurred in connection therewith. in any and all complaints brought pursuant to the TOWNSHIP's grievance procedure, the contractor agrees to abide by any decision of the TOWNSHIP which is rendeced pursuant to said grievance procedure, If any action or administrative proceeding results in an award of damages against the TOWNSHIP, or if the TOWNSHIP incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the contractor shall satisfy and discharge the same at its own expense. The TOWNS HIP-shall : soon-as practicable after wvlaim has been made against it, give written notice thereol’ to the and complete culars oF the claim, ifany action or administrative proceeding is brought against the TOWNSILIP or any of lis agents, servants, and employees, the TOWNSHIP shall expeditiously forward ar have forwarded 1o-the

the claim, ifany action or administrative proceeding is brought against the TOWNSILIP or any of lis agents, servants, and employees, the TOWNSHIP shall expeditiously forward ar have forwarded 1o-the contracior-every- demand, complaint, notice, summons, pleading; or other process téceived by tie = SSS TOWNSHIP or its representatives. This expressly agrced and understood that any approval by the TOWNSHIP of the services provided by the contractor pursuant to this contract will not relieve the contractor of the obligation to comply with thé Act and to defend, indemnify, protect, and save hamless the TOWNSHIP pursuant to this paragraph. itis further agreed and understood that the TOWNSHIP assumes ao obligation to indemnify or save harmless the contractor, {ts agents, servants, employees and subcontractors for any claim which may arise out of their performance of this Agreement, Furthermore, the contractor expressly understands and agrees that the provisions of this indevnnification clatse shall in no way limit the contractor's obligations assumed in this Agreement, nor shall the: ————consttiied to tehinve the contactor front any ability, nor preclude the HIP from taking any other actions available to it under any other provisions of the Agreement or othersige at law, Lacknowiedge: Linda M. Spahle, Shauger Property Services, Inc. Acting Secretary