Common use of Violation of ADA Clause in Contracts

Violation of ADA. If the Concessionaire is sued for violation of the ADA and either a court of competent jurisdiction determines the Concessionaire is in violation of the ADA or the Concessionaire settles the case with the understanding that ADA changes must be made, the Concessionaire will pay its own attorney’s fees and costs as well as the plaintiff’s attorney’s fees and costs. The Concessionaire may seek insurance for such risk and any policy covering this risk must name the Department and the Board of Trustees as Additional Named Insureds. If the Department is a co-defendant in such suit, the Department will only pay for those attorney’s fees and costs attributable to its own violation of the ADA, as determined by judgment, court order, or settlement agreement. In the event the attorney’s time records do not reflect whether counsel’s work was attributable to the Department’s or the Concessionaire’s violations, or the parties cannot agree on a split, the attorney’s fees and costs will be split equally between the Concessionaire and the Department.

Violation of ADA. If the Concessionaire is sued for violation of the ADA and either a court of competent jurisdiction determines the Concessionaire is in violation of the ADA or the Concessionaire settles the case with the understanding that ADA changes must be made, the Concessionaire will pay its own attorney’s fees and costs as well as the plaintiff’s attorney’s fees and costs. The Concessionaire may seek insurance for such risk and any policy covering this risk must name the Department and the Board of Trustees as Additional Named Insureds. If the Department is a co-defendant in such suit, the Department will only pay for those attorney’s fees and costs attributable to its own violation of the ADA, as determined by judgment, court order, or settlement agreement. In the event the attorney’s time records do not reflect whether counsel’s work was attributable to the Department’s or the Concessionaire’s violations, or the parties cannot agree on a split, the attorney’s fees and costs will be split equally between the Concessionaire and the Department.Department.‌‌ DRAFT