ACCESSIBILITY COMPLIANCE Clause Samples

ACCESSIBILITY COMPLIANCE a) The Company of Biologists provides access to Licensed Materials to the Licensee on a software platform provided by a third party (“Silverchair”). Silverchair is committed to the creation of software that meets modern accessibility expectations, by applying best practices to target level AA conformance to Web Content Accessibility Guidelines 2.1 (WCAG 2.1) standards of the World Wide Web Consortium Web Accessibility Initiative (W3C WAI). Silverchair tests client websites for accessibility compliance using industry standard WCAG 2.1 validation software. b) Notwithstanding the provisions of clause 19)a) above, The Company of Biologists shall not be liable to the Licensee or any of its Authorised Users for failure of the third party’s software platform from which the Licensed Materials may be accessed to comply with the Web Accessibility Guidelines 2.1 (WCAG 2.1) standards of the World Wide Web Consortium Web Accessibility Initiative (W3C WAI).

ACCESSIBILITY COMPLIANCE. JHUP complies with the Americans with Disabilities Act (ADA), by supporting assistive software or devices such as large print interfaces, text-to-speech output, voice-activated input, refreshable braille displays, and alternate keyboard or pointer interfaces, in a manner consistent with the Web Accessibility Initiative Web Content Accessibility Guidelines 2.0 AA (▇▇▇▇://▇▇▇.▇▇.▇▇▇/WAI/guid-tech.html). JHUP maintains an Accessibility web page, including downloadable copies of current Voluntary Product Accessibility Template (VPAT) documentation, at ▇▇▇▇▇://▇▇▇▇.▇▇▇.▇▇▇/accessibility. JHUP shall ensure that product maintenance and upgrades are implemented in a manner that does not compromise product accessibility.

ACCESSIBILITY COMPLIANCE. 9 The design of all pedestrian improvements will be prepared in compliance with the Americans with Disabilities 10 Act (ADA) and federal, state and local requirements. Design standards include the US Department of Justice 11 “2010 ADA Standards,” the US Access Board “Draft Accessibility Guidelines for Pedestrian Facilities in the 12 Public Right of Way (PROWAG),” the latest “California Building Code” sections as incorporated by the 13 California Division of the State Architect Access Compliance Office (DSA-AC), the COUNTY Transportation 14 Department “ADA Self Evaluation and Transition Plan for Access in the Public Road Right-of-Way,” and latest 15 “COUNTY Roadway Standards” (updates available from the COUNTY PROJECT MANAGER). In situations 16 with differing requirements among the design standards, the most stringent criteria will apply. Pedestrian 17 improvements include sidewalks, trails, curb ramps, driveway crossings, street crossings (either marked or 18 unmarked), and traffic signal equipment 19

ACCESSIBILITY COMPLIANCE. If this Agreement involves design for construction, the Consultant warrants that all design documents produced or utilized under this Agreement and all construction or alterations undertaken under this Agreement will comply with all federal, state and local laws and regulations regarding accessibility standards for persons with disabilities or environmentally limited persons including, but not limited to, the following: the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. and the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities ("ADAAG"); the Architectural Barriers Act, Pub. L. 90-480 (1968), and the Uniform Federal Accessibility Standards ("UFAS"); and the Illinois Environmental Barriers Act, 410 ILCS 25/1 et seq., and all regulations promulgated thereunder , see Illinois Administrative Code, Title 71, Chapter 1, Section 400.110. If the above standards are inconsistent, the Consultant must comply with the standard providing the greatest accessibility. Also, the Consultant must, prior to construction, review the plans and specifications to insure compliance with the above referenced standards. If the Consultant fails to comply with the foregoing standards, the Consultant must perform again, at no expense, all services required to be re-performed as a direct or indirect result of such failure.

ACCESSIBILITY COMPLIANCE. Vendor hereby warrants that any technology provided under this Agreement currently complies, and will continue to comply, with Washington State Office of Chief Information Officer (“OCIO”) Policy 188 (▇▇▇▇://▇▇▇▇.▇▇.▇▇▇/policy/accessibility) and Minimum Accessibility Standard 188.10 (▇▇▇▇://▇▇▇▇.▇▇.▇▇▇/policy/minimum-accessibility-standard). Vendor agrees to promptly respond to and resolve any complaint brought to its attention regarding accessibility of its products or services. Vendor further agrees to indemnify and hold harmless the Washington State Department of Corrections from any claim arising out of Vendor’s failure to comply with the aforesaid requirements.

ACCESSIBILITY COMPLIANCE. As a State Authority, NYSERDA is obligated to ensure that all documents published on NYSERDA’s website are accessible, pursuant to Section 508 of the Rehabilitation Act (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 (P.L. 105-220 August 7, 1998). To meet the needs of persons with visual or mobility disabilities, reports must be in a format that allows for conversion of written words of an electronic document into speech, thus allowing the person with a disability to hear the text. The formatting of these documents is critical to the success of the conversion from text to speech. Screen reading software will read the document as one long series of paragraphs with no differentiation for new topics unless properly formatted with Heading Styles. (Imagine reading a textbook with no difference in text from one paragraph to the next.) Reports submitted to NYSERDA must meet the following requirements:  Use numbered headings in the document up to Level 4 (i.e., 1.1.1.1).  Pick one of the formatting options outlined in Section 3 of this document.  Provide short titles for all tables, images, and figures.  Provide Alternative Text (also known as alt-text) that describes the visual elements of each image and figure—and does not just repeat the title or caption. Include alt text for any tables that are inserted as images. o Write out links in documents that will be printed. Write the sentence so that the URL is not at the end and followed by a period. See the last bulleted item for an example (“Visit….”). o Avoid linking to “click here” or including extremely long URLs. For web-only documents, use contextual links, such as linking NYSERDA’s website to “NYSERDA” instead of putting a long URL in text. o Visit ▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇▇-▇▇▇▇▇▇▇▇-▇▇▇▇-▇▇▇▇▇▇▇ for more information about how to make a document accessible. Contractors have two options for the format of a submitted document:

ACCESSIBILITY COMPLIANCE. ‌ Formatting‌

ACCESSIBILITY COMPLIANCE. Supplier warrants that its Products and Services under this Agreement comply and will continue to comply with all applicable New Hampshire and Federal laws and regulations, including but not limited to WCAG conformance levels A and AA (ISO/IEC 40500:2012). Supplier shall promptly resolve any noncompliance issues at no cost to USNH and indemnify it against any claims resulting from noncompliance. Failure to comply constitutes a material breach and may lead to Termination for Cause. Article 35 - Payment: USNH payment term options are available on the Procurement website and within the PaymentWorks supplier portal, the days noted in each option begin from the later of: (i) delivery and USNH’s acceptance of Supplier’s Products or Services or; (ii) USNH’s receipt of Supplier’s invoice. Payment terms shall be those selected by the Supplier at the time of onboarding into the PaymentWorks solution or those agreed to in writing in a signed contract between the parties. USNH shall not be responsible for any shipping, handling, fuel surcharges, insurance, or other fees unless expressly noted on the purchase order. USNH shall not be responsible for any late penalty fees or interest unless specifically stated on the purchase order. Unless the Supplier is setup for CXML/EDI, Supplier’s invoices must be submitted electronically to the BILL TO email address referenced on the purchase order and must include USNH’s purchase order number and comply with invoicing requirements listed on the USNH Procurement Website.

ACCESSIBILITY COMPLIANCE. The Contractor acknowledges that the State may be required to comply with the accessibility standards of Section 508 of the ▇▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇ ▇.▇.▇. §▇▇▇. The Contractor agrees that any information that it provides to the State in the form of a Voluntary Product Accessibility Template (VPAT) about the accessibility of the Software is accurate to a commercially reasonable standard and the Contractor agrees to provide the State with technical information available to support such VPAT documentation in the event that the State relied on any of Contractor’s VPAT information to comply with the accessibility standards of Section 508 of the ▇▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇ ▇.▇.▇. §▇▇▇. In addition, Contractor shall defend any claims against the State that the Software does not meet the accessibility standards set forth in the VPAT provided by Provider in order to comply with the accessibility standards of Section 508 of the ▇▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇ ▇.▇.▇. §▇▇▇ and will indemnify the State with regard to any claim made against the State with regard to any judgment or settlement resulting from those claims to the extent the Provider’s Software provided under this Contract was not accessible in the same manner as or to the degree set forth in the Contractor’s statements or information about accessibility as set forth in the then-current version of an applicable VPAT.