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Springfield Free Public Library/Township of Springfield <br />APPENDIX A <br />AMERICANS WITH DISABILITIES ACT OF 1990 <br />Equal Opportunity for Individuals with Disability <br />The contractor and the staff of the Springfield Free Public Library, (hereafter "owner ") do hereby agree <br />that the provisions of Title 11 of the Americans With Disabilities Act of 1990 (the "Act ") (42 U.S.C <br />S121 01 et seq.), which prohibits discrimination on the basis of disability by public entities in all <br />services, programs, and activities provided or made available by public entities, and the rules and <br />regulations promulgated pursuant there unto, are made a part of this contract. In providing any aid, <br />benefit, or service on behalf of the owner pursuant to this contract, the contractor agrees that the <br />performance shall be in strict compliance with the Act. In the event that the contractor, its agents, <br />servants, employees, or subcontractors violate or are alleged to have violated the Act during the <br />performance of this contract, the contractor shall defend the owner in any action or administrative <br />proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless <br />the owner, its agents, servants, and employees from and against any and all suits, claims, losses, <br />demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged <br />violation. The contractor shall, at its own expense, appear, defend, and pay any and all charges for legal <br />services and any and all costs and other expenses arising from such action or administrative proceeding <br />or incurred in connection therewith. In any and all complaints brought pursuant to the owner's grievance <br />procedure, the contractor agrees to abide by any decision of the owner which is rendered pursuant to said <br />grievance procedure. If any action or administrative proceeding results in an award of damages against <br />the owner, or if the owner incurs any expense to cure a violation of the ADA which has been brought <br />pursuant to its grievance procedure, the contractor shall satisfy and discharge the same at its own <br />expense. <br />The owner shall, as soon as practicable after a claim has been made against it, give written notice thereof <br />to the contractor along with full and complete particulars of the claim, If any action or administrative <br />proceeding is brought against the owner or any of its agents, servants, and employees, the owner shall <br />expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons, <br />pleading, or other process received by the owner or its representatives. <br />It is expressly agreed and understood that any approval by the owner of the services provided by the <br />contractor pursuant to this contract will not relieve the contractor of the obligation to comply with the <br />Act and to defend, indemnify, protect, and save harmless the owner pursuant to this paragraph. <br />It is further agreed and understood that the owner assumes no obligation to indemnify or save harmless <br />the contractor, its agents, servants, employees and subcontractors for any claim which may arise out of <br />their performance of this Agreement. Furthermore, the contractor expressly understands and agrees that <br />the provisions of this indemnification clause shall in no way limit the contractor's obligations assumed in <br />this Agreement, nor shall they be construed to relieve the contractor from any liability, nor preclude the <br />owner from taking any other actions available to it under any other provisions of the Agreement or <br />otherwise at law. <br />C:IProgram FileslNeevia.ComlDocument ConverterltemplPDFConvert .3395.1.Springfield Free iLS RFP March <br />2010. doc 23 <br />Attachment number 2 <br />F -12 Page 182 <br />