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From: Laura Carlson
Date: Fri, Aug 12 2005 6:00AM
Subject: WebAIM-Forum Digest, Vol 5, Issue 9
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--On Wednesday, August 10, 2005 12:00 PM Joseph O'Connor wrote:

> added language to the system that makes it impossible for a vendor to
> avoid the issue of accessibility.

Looks like we have the same type of clause [1]. It reads:

"All University contracts and grants commencing after the effective
date of the Accessibility of Information Technology policy should
contain a provision requiring the contractor or grantee to comply with
the university policy and standards. This means that colleges,
departments, programs and other university entities will need to take
steps to ensure that information technology, services, products
(purchased, leased, or developed with university funds or other funds
received by grant or contract from any other state or federal agency)
meet the University of Minnesota accessibility requirements. To ensure
that the requirements are satisfied, it is Recommended that each
contract signed with a software vendor contain the provision set forth
below or substantially similar language:"

"Vendor hereby warrants that the products or services to be provided
under this agreement comply with the University of Minnesota
accessibility requirements. Vendor agrees to promptly respond to and
resolve any complaint regarding accessibility of its products or
services which is brought to its attention. Vendor further agrees to
indemnify and hold harmless the University of Minnesota or any
university entity using the vendor's products or services from any
claim arising out of its failure to comply with the aforesaid
requirements. Failure to comply with these requirements shall
constitute a breach and be grounds for termination of this agreement."

Laura

[1] http://cap.umn.edu/ait/software/index.html

___________________________________________
Laura L. Carlson
Information Technology Systems and Services
University of Minnesota Duluth
Duluth, MN, U.S.A. 55812-3009
http://www.d.umn.edu/goto/webdesign/