negligent act, omission, or fault or willful misconduct, whether active or passive, of Custom
Computer Specialists, Inc. or of anyone acting under its direction or control or on its behalf in
connection with or incidental to the performance of this contract. Custom Computer Specialists,
Inc.’s indemnity, defense and hold harmless obligations, or portions thereof, shall not apply to
liability caused by the sole negligence or willful misconduct of the party indemnified or held
harmless.
12. COMPLIANCE WITH APPLICABLE LAWS. Custom Computer Specialists, Inc., at all
times, shall fully and completely comply with all applicable local, state and federal laws,
statutes, regulations, ordinances, orders, or requirements of any sort in carrying out the
obligations of this contract, including, but not limited to, all federal, state, and local accounting
procedures and requirements, all immigration and naturalization laws, and the Americans With
Disabilities Act. Custom Computer Specialists, Inc. shall, throughout the period services are to
be performed under this contract, monitor for any changes to the applicable laws, statutes,
regulations, ordinances, orders, or requirements, shall promptly notify the City of Nashua in
writing of any changes to the same relating to or affecting this contract, and shall submit detailed
documentation of any effect of the change in terms of both time and cost of performing the
contract.
13. | NONDISCRIMINATION. If applicable or required under any federal or state law, statute,
regulation, order, or other requirement, Custom Computer Specialists, Inc. agrees to the
following terms. Custom Computer Specialists, Inc. will not discriminate against any employee
or applicant for employment because of physical or mental handicap in regard to any position for
which the employee or applicant for employment is qualified. Custom Computer Specialists, Inc.
agrees to take affirmative action to employ, advance in employment, or to otherwise treat
qualified, handicapped individuals without discrimination based upon physical or mental
handicap in all employment practices, including but not limited to the following: employment,
upgrading, demotion, transfer, recruitment, advertising, layoff, termination, rates of pay, or other
forms of compensation and selection for training, including apprenticeship.
Without limitation of the foregoing, Custom Computer Specialists, Inc.’s attention is directed to
41 C.F.R. § 60-1.4, and the clause entitled "Equal Opportunity Clause" which, by reference, is
incorporated into this contract, to 41 C.F.R. § 60-250 et seq. and the clause entitled "Affirmative
Action Obligations of Custom Computer Specialists, Inc. and Subcontractor for Disabled
Veterans and Veterans of the Vietnam Era," which, by reference, is incorporated in this contract,
and to 41 C.F.R. § 60-471 and the clause entitled "Affirmative Action Obligations of Custom
Computer Specialists, Inc. and Subcontractors for Handicapped Workers," which, by this
reference, is incorporated in this contract.
In connection with the performance of work under this contract, Custom Computer Specialists,
Inc. agrees not to discriminate against any employee or applicant for employment because of
race, creed, color, national origin, sex, age, or sexual orientation. This agreement includes, but is
not limited to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
Custom Computer Specialists, Inc. agrees, if applicable, to insert these provisions in all
subcontracts, except for subcontracts for standard commercial supplies or raw materials. Any
violation of any applicable provision by Custom Computer Specialists, Inc. shall constitute a
material breach of the contract.
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