Common use of Access by Individuals with Disabilities Clause in Contracts

Access by Individuals with Disabilities. Contractor represents and warrants (“EIR Accessibility Warranty”) that any electronic and information resources and all associated information, documentation, and support provided to UTMB by Contractor under the Agreement (collectively, the “EIRs”) comply with the applicable requirements set forth in Title 1, Chapter 213 of the Texas Administrative Code and Title 1, Chapter 206, Rule 206.70 of the Texas Administrative Code (as authorized by Texas Government Code Chapter 2054, Subchapter M). To the extent Contractor becomes aware that the EIRs, or any portion thereof, do not comply with the EIR Accessibility Warranty, then Contractor represents and warrants that it will, at no cost to UTMB, either (1) perform all necessary remediation to make the EIRs satisfy the EIR Accessibility Warranty, or (2) replace the EIRs with new EIRs that satisfy the EIR Accessibility Warranty. In the event Contractor is unable to do so, then UTMB may terminate the Agreement without further liability and Contractor will refund to UTMB all amounts UTMB has paid under the Agreement within thirty (30) days of the termination date. 44. ACKNOWLEDGMENT OF HIPAA OBLIGATION AND OTHER REGULATIONS IMPLEMENTING THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (42 U.S.C. §1320(D) (“HIPAA”): To the extent Contractor comes into contact with information considered Individually Identifiable Health Information (IIHI) under HIPAA or Protected Health Information (PHI), as regulated by the Department of Health and Human Services (DHHS) through the adoption of standards, 45 CFR Parts 160 and 164 (Privacy Rule) and 45 CFR Parts 160, 162 and 164 (Security Rule), collectively referred to herein as “the HIPAA Rules,” as amended by the Health Information Technology for Economic and Clinical Health Act of 2009 ("HITECH Act"), Contractor agrees to keep private and to secure any information considered IIHI or PHI (collectively, “Protected Information”) in accordance with federal law.

Access by Individuals with Disabilities. Contractor Seller represents and warrants (“EIR Accessibility Warranty”) that any the electronic and information resources and all associated information, documentation, and support provided that it provides to UTMB by Contractor under the Agreement this Purchase Order (collectively, the “EIRs”) comply with the applicable requirements set forth in Title 1, Chapter 213 of the Texas Administrative Code and Title 1, Chapter 206, Rule 206.70 of the Texas Administrative Code (as authorized by Texas Government Code Chapter 2054, Subchapter M). M of the Texas Government Code.) To the extent Contractor Seller becomes aware that the EIRs, or any portion thereof, do not comply with the EIR Accessibility Warranty, then Contractor Seller represents and warrants that it will, at no cost to UTMB, either (1) perform all necessary remediation to make the EIRs satisfy the EIR Accessibility Warranty, Warranty or (2) replace the EIRs with new EIRs that satisfy the EIR Accessibility Warranty. In the event Contractor that Seller is unable to do so, then UTMB may terminate the Agreement without further liability this Purchase Order and Contractor Seller will refund to UTMB all amounts UTMB has paid under the Agreement this Purchase Order within thirty (30) days of after the termination date. 4432. ACKNOWLEDGMENT OF HIPAA OBLIGATION AND OTHER REGULATIONS IMPLEMENTING THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (42 U.S.C. §1320(D) (“HIPAA”): To the extent Contractor either Seller comes into contact with information considered Individually Identifiable Health Information (IIHI) under HIPAA by the Health Insurance Portability and Accountability Act of 1996, codified at 42 USC § 1320d through d-8 (HIPAA) or Protected Health Information (PHI), as regulated by the Department of Health and Human Services (DHHS) through the adoption of standards, 45 CFR Parts 160 and 164 (Privacy Rule) and 45 CFR Parts 160, 162 and 164 (Security Rule), collectively referred to herein as “the HIPAA Rules,” as amended by the Health Information Technology for Economic and Clinical Health Act of 2009 ("HITECH Act"), Contractor Seller agrees to keep private and to secure any information considered IIHI or PHI (collectively, “Protected Information”) in accordance with the federal law.

Access by Individuals with Disabilities. Contractor Contractor, Vendor, Supplier represents and warrants (“EIR Accessibility Warranty”) that any electronic and information resources and all associated information, documentation, and support provided t h a t i t provides to UTMB by Contractor LIT under the Agreement Contract (collectively, the “EIRs”) comply with the applicable requirements set forth in Title 1, Chapter 213 of the Texas Administrative Code and Title 1, Chapter 206, Rule 206.70 of the Texas Administrative Code (as authorized by Texas Government Code Chapter 2054, Subchapter M). To the extent Contractor Contractor, Vendor, Supplier becomes aware that the EIRs, or any portion thereof, do not comply with the EIR Accessibility Warranty, then Contractor Contractor, Vendor, Supplier represents and warrants that it will, at no cost to UTMBLIT, either (1) perform all necessary remediation to make the EIRs satisfy the EIR Accessibility Warranty, or (2) replace the EIRs with new EIRs that satisfy the EIR Accessibility Warranty. In the event Contractor Contractor, Vendor, Supplier is unable to do so, then UTMB LIT may terminate the Agreement Contract without further liability and Contractor Supplier will refund to UTMB LIT all amounts UTMB LIT has paid under the Agreement Contract within thirty (30) days of the termination date. 44All submissions must include all Voluntary Product Accessibility Templates (VPAT), Information Technology Industry Council (ITIC) and General Services Administration (GSA), that describes compliance with Section 508. ACKNOWLEDGMENT OF HIPAA OBLIGATION AND OTHER REGULATIONS IMPLEMENTING THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 The Contractor, Vendor, Supplier agrees to protect, defend, and save the LIT, its elected and appointed officials, agent, and employees, while acting within the scope of their duties as such, harmless from and against all claims, demands, causes of action of any kind or character, including the cost of defense thereof, arising in favor of the Contractor, Vendor, Supplier’s employees or third parties on account of bodily and personal injuries, death, damage to property arising out of services performed or omissions of services or in any way resulting from the acts or omissions of the Contractor, Vendor Supplier and/or its agents, employees, representatives, assigns, subcontractors, except the sole negligence of the LIT under this Agreement with regard to Title 1, Chapter 213 of the Texas Administrative Code and Title 1, Chapter 206, Rule §206.70 of the Texas Administrative Code (42 as authorized by Chapter 2054, Subchapter M of the Texas Government Code.) United States Rehabilitation Act of 1973 and its amendments, Section 508; and World Wide Web Consortium (W3C), Web Accessibility Initiative (WAI), Web Content Accessibility Guidelines (WCAG) 1.0 and 2.0AA 45. ETHICS MATTERS; NO FINANCIAL INTEREST: Contractor, Vendor, Supplier and its employees, agents, representatives and subcontractors have read and understand LIT’s Conflicts of Interest Policy Neither Contractor, Vendor, Supplier nor its employees, agents, representatives or subcontractors will assist or cause LIT employees to violate LIT’s Conflicts of Interest Policy, provisions described by LIT’s Standards of Conduct Guide, or applicable state ethics laws or rules. Contractor, Vendor, Supplier represents and warrants that no member of the Board has a direct or indirect financial interest in the transaction that is the subject of the Contract. 46 UNDOCUMENTED WORKERS: Contractor, Vendor, Supplier understands the federal Immigration and Nationality Act (8 U.S.C. §1320(D1324a) (“HIPAAImmigration Act”): To ) makes it unlawful for an employer to hire or continue employment of undocumented workers. The United States Immigration and Customs Enforcement Service has established the extent Contractor comes into contact with information considered Individually Identifiable Health Information Form I-9 Employment Eligibility Verification Form (IIHI“I-9 Form”) under HIPAA or Protected Health Information as the document to be used for employment eligibility verification (PHI8 CFR Part 274a). Among other things, as regulated Contractor, Vendor, Supplier is required to: (1) have all employees complete and sign an I-9 Form certifying that they are eligible for employment; (2) examine verification documents required by the Department of Health and Human Services (DHHS) through the adoption of standards, 45 CFR Parts 160 and 164 (Privacy Rule) and 45 CFR Parts 160, 162 and 164 (Security Rule), collectively referred I-9 Form to herein as “the HIPAA Rules,” as amended be presented by the Health Information Technology for Economic employee and Clinical Health Act ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the I-9 Form and complete the certification portion of 2009 the I-9 Form; and ("HITECH Act"), Contractor agrees 4) retain the I-9 Form as required by law. It is illegal to keep private and discriminate against any individual (other than a citizen of another country who is not authorized to secure any information considered IIHI or PHI (collectively, “Protected Information”work in the United States) in accordance hiring, discharging, or recruiting because of that individual’s national origin or citizenship status. If Contractor, Vendor, Supplier employs unauthorized workers during performance of the Contract in violation of the Immigration Act then, in addition to other remedies or penalties prescribed by law, LIT may terminate the Contract immediately without further liability. Contractor, Vendor, Supplier represents and warrants that it is in compliance with federal lawand agrees that it will remain in compliance with the provisions of the Immigration Act.

Access by Individuals with Disabilities. Contractor Seller represents and warrants (“EIR Accessibility Warranty”) that any the electronic and information resources and all associated information, documentation, and support provided that it provides to UTMB by Contractor under the Agreement this Purchase Order (collectively, the “EIRs”) comply with the applicable requirements set forth in Title 1, Chapter 213 of the Texas Administrative Code and Title 1, Chapter 206, Rule 206.70 of the Texas Administrative Code (as authorized by Texas Government Code Chapter 2054, Subchapter M). M of the Texas Government Code.) To the extent Contractor Seller becomes aware that the EIRs, or any portion thereof, do not comply with the EIR Accessibility Warranty, then Contractor Seller represents and warrants that it will, at no cost to UTMB, either (1) perform all necessary remediation to make the EIRs satisfy the EIR Accessibility Warranty, Warranty or (2) replace the EIRs with new EIRs that satisfy the EIR Accessibility Warranty. In the event Contractor that Seller is unable to do so, then UTMB may terminate the Agreement without further liability this Purchase Order and Contractor Seller will refund to UTMB all amounts UTMB has paid under the Agreement this Purchase Order within thirty (30) days of after the termination date. 4434. ACKNOWLEDGMENT OF HIPAA OBLIGATION AND OTHER REGULATIONS IMPLEMENTING THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (42 U.S.C. §1320(D) (“HIPAA”): To the extent Contractor either Seller comes into contact with information considered Individually Identifiable Health Information (IIHI) under HIPAA by the Health Insurance Portability and Accountability Act of 1996, codified at 42 USC § 1320d through d-8 (HIPAA) or Protected Health Information (PHI), as regulated by the Department of Health and Human Services (DHHS) through the adoption of standards, 45 CFR Parts 160 and 164 (Privacy Rule) and 45 CFR Parts 160, 162 and 164 (Security Rule), collectively referred to herein as “the HIPAA Rules,” as amended by the Health Information Technology for Economic and Clinical Health Act of 2009 ("HITECH Act"), Contractor Seller agrees to keep private and to secure any information considered IIHI or PHI (collectively, “Protected Information”) in accordance with the federal law.

Access by Individuals with Disabilities. Contractor Supplier represents and warrants (“EIR Accessibility Warranty”) that any electronic and information resources and all associated information, documentation, and support provided to UTMB by Contractor Supplier under the Agreement (collectively, the “EIRs”) comply with the applicable requirements set forth in Title 1, Chapter 213 of the Texas Administrative Code and Title 1, Chapter 206, Rule 206.70 of the Texas Administrative Code (as authorized by Texas Government Code Chapter 2054, Subchapter M). To the extent Contractor Supplier becomes aware that the EIRs, or any portion thereof, do not comply with the EIR Accessibility Warranty, then Contractor Supplier represents and warrants that it will, at no cost to UTMB, either (1) perform all necessary remediation to make the EIRs satisfy the EIR Accessibility Warranty, or (2) replace the EIRs with new EIRs that satisfy the EIR Accessibility Warranty. In the event Contractor Supplier is unable to do so, then UTMB may terminate the Agreement without further liability and Contractor Supplier will refund to UTMB all amounts UTMB has paid under the Agreement within thirty (30) days of the termination date. 44. ACKNOWLEDGMENT OF HIPAA OBLIGATION AND OTHER REGULATIONS IMPLEMENTING THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (42 U.S.C. §1320(D) (“HIPAA”): To the extent Contractor Supplier comes into contact with information considered Individually Identifiable Health Information (IIHI) under HIPAA or Protected Health Information (PHI), as regulated by the Department of Health and Human Services (DHHS) through the adoption of standards, 45 CFR Parts 160 and 164 (Privacy Rule) and 45 CFR Parts 160, 162 and 164 (Security Rule), collectively referred to herein as “the HIPAA Rules,” as amended by the Health Information Technology for Economic and Clinical Health Act of 2009 ("HITECH Act"), Contractor Supplier agrees to keep private and to secure any information considered IIHI or PHI (collectively, “Protected Information”) in accordance with federal law.

Access by Individuals with Disabilities. Contractor Supplier represents and warrants (“EIR Accessibility Warranty”) that any electronic and information resources and all associated information, documentation, and support provided to UTMB by Contractor Supplier under the Agreement Contract (collectively, the “EIRs”) comply with the applicable requirements set forth in Title 1, Chapter 213 of the Texas Administrative Code and Title 1, Chapter 206, Rule 206.70 of the Texas Administrative Code (as authorized by Texas Government Code Chapter 2054, Subchapter M). To the extent Contractor Supplier becomes aware that the EIRs, or any portion thereof, do not comply with the EIR Accessibility Warranty, then Contractor Supplier represents and warrants that it will, at no cost to UTMB, either (1) perform all necessary remediation to make the EIRs satisfy the EIR Accessibility Warranty, or (2) replace the EIRs with new EIRs that satisfy the EIR Accessibility Warranty. In the event Contractor Supplier is unable to do so, then UTMB may terminate the Agreement Contract without further liability and Contractor Supplier will refund to UTMB all amounts UTMB has paid under the Agreement Contract within thirty (30) days of the termination date. 4446. ACKNOWLEDGMENT OF HIPAA OBLIGATION AND OTHER REGULATIONS IMPLEMENTING THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (42 U.S.C. §1320(D) (“HIPAA”): To the extent Contractor Supplier comes into contact with information considered Individually Identifiable Health Information (IIHI) under HIPAA or Protected Health Information (PHI), as regulated by the Department of Health and Human Services (DHHS) through the adoption of standards, 45 CFR Parts 160 and 164 (Privacy Rule) and 45 CFR Parts 160, 162 and 164 (Security Rule), collectively referred to herein as “the HIPAA Rules,” as amended by the Health Information Technology for Economic and Clinical Health Act of 2009 ("HITECH Act"), Contractor Supplier agrees to keep private and to secure any information considered IIHI or PHI (collectively, “Protected Information”) in accordance with federal law.

Access by Individuals with Disabilities. Contractor Seller represents and warrants (“EIR Accessibility Warranty”) that any the electronic and information resources and all associated information, documentation, and support provided that it provides to UTMB by Contractor under the Agreement this Purchase Order (collectively, the “EIRs”) comply with the applicable requirements set forth in Title 1, Chapter 213 of the Texas Administrative Code and Title 1, Chapter 206, Rule 206.70 of the Texas Administrative Code (as authorized by Texas Government Code Chapter 2054, Subchapter M). M of the Texas Government Code.) To the extent Contractor Seller becomes aware that the EIRs, or any portion thereof, do not comply with the EIR Accessibility Warranty, then Contractor Seller represents and warrants that it will, at no cost to UTMB, either (1) perform all necessary remediation to make the EIRs satisfy the EIR Accessibility Warranty, Warranty or (2) replace the EIRs with new EIRs that satisfy the EIR Accessibility Warranty. In the event Contractor that Seller is unable to do so, then UTMB may terminate the Agreement without further liability this Purchase Order and Contractor Seller will refund to UTMB all amounts UTMB has paid under the Agreement this Purchase Order within thirty (30) days of after the termination date. 4432. ACKNOWLEDGMENT OF HIPAA OBLIGATION AND OTHER REGULATIONS IMPLEMENTING THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (42 U.S.C. §1320(D) (“HIPAA”): To the extent Contractor Seller comes into contact with information considered Individually Identifiable Health Information (IIHI) under HIPAA as defined by 42 U.S.C. §1320(d), Protected Health Information or Electronic Protected Health Information (PHI), collectively known as “Protected Information”) as regulated by the Department of Health and Human Services (DHHS) through the adoption of standards, 45 CFR Parts 160 and 164 (Privacy Rule) and 45 CFR Parts 160, 162 and 164 (Security Rule), collectively referred to herein as “the HIPAA Rules,” as amended by the Health Information Technology for Economic and Clinical Health Act of 2009 ("HITECH Act"), Contractor Seller agrees to keep private and to secure any information considered IIHI or PHI (collectively, “Protected Information”) Information in accordance with federal law.