Exhibit D - Americans With Disabilities Act of 1990 (New).pdf

EXHIBIT D

AMERICANS WITH DISABILITIES ACT OF 1990

Equal Opportunity for Individuals with Disability The contractor ____________________and the EdgeMarket Cooperative Purchasing System (hereafter “owner”) do hereby agree that the provisions of Title 11 of the Americans With Disabilities act of 1990 (the “Act) (42 U.S.C. S121 01 et seq., which prohibits discrimination on the basis disability by public entitles in all services, program, and activities provided or made a part of this contract. In providing any aid, benefit, or service on behalf of the owner pursuant there unto, are made a part of this agrees that the performance shall be in strict compliance with the Act. In the evet that the contactor, its agents, servants, employees, or subcontractors violate or are alleged to have violates the Act during the performance of the contract shall defend the owner in any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and slave harmless the owner, its agent, servants, and employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to owner’s grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the owner, or if the owner 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 owner shall, as soon as practicable after a claim has been made against it, give written notice thereof to the contractor along with full and complete particulars of the claim. If any action or administrative proceeding is brought against the owner of any of its agent, servants, and employees, the owner shall expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process received by the owner or its representatives.

It is expressly agreed and understood that any approval by the owner of the services provided by the contractor pursuant to the contract will not relieve the contractor of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the owner pursuant to this paragraph.

It is further agreed and understood that the owner assumes no obligation to indemnify or save harmless the contractor, its 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 indemnifications clause shall in no way limit the contractor’s obligations assumed in this Agreement, nor shall they be construed to relieve the contractor from an y liability, nor preclude the owner from taking any other actions available to it under any other provisions of the Agreement or otherwise at law.

Signed __________________________________ Date _________________