Disabled Access. 35.1 Lessee shall fully comply with any and all applicable present and/or future rules, regulations, restrictions, ordinances, statutes, laws and/or orders of any federal, state, and/or local governmental entity and/or court regarding disabled access to Lessee’s Recreational Improvements on the Premises including any services, programs, or activities provided by Lessee. Lessee shall be solely responsible for, and shall indemnify, defend and hold harmless City Defendants against, any and all damages caused by, and/or penalties levied as the result of, ▇▇▇▇▇▇’s noncompliance with such disabled access Laws. Further, ▇▇▇▇▇▇ agrees to cooperate fully with City in its efforts to comply with the Americans With Disability Act of 1990, and any amendments thereto or successor statutes. 35.2 Should Lessee fail to comply with Subsection 35.1, then, without limiting City’s other rights and remedies under this Lease, City shall have the right, but not the obligation, to perform, or have performed, whatever work is necessary to achieve equal access compliance. Lessee will then be required to reimburse City for the actual cost of achieving compliance, plus a ten percent (10%) administrative charge.
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