Northwestern's Accessibility Provision
Vendor represents, warrants, and covenants that, during the term of this Agreement, the software and services provided by Vendor hereunder (the “Services”) shall comply with the Web Content Accessibility Guidelines (“WCAG”) 2.1 Level AA, or any subsequent version of the WCAG issued by the Accessibility Guidelines Working Group or any successor group or organization of the W3C Web Accessibility Initiative (collectively, the “Accessibility Standards”).
Vendor has provided Northwestern as of the effective date of this Agreement, and thereafter during the term of this Agreement will provide Northwestern upon Northwestern’s request, with an independently verified voluntary product accessibility template meeting the standards under Section 508 of the Rehabilitation Act of 1973 (a “VPAT”), or other documentation accepted in writing by Northwestern, demonstrating Vendor’s compliance with the Accessibility Standards.
If Northwestern delivers written notice to Vendor of any complaint from an end user of any of the Services with respect to any actual or alleged non-compliance of such Services with the applicable Accessibility Standards (each, a “Complaint”), Vendor shall correct any such non-compliance described in such Complaint within thirty (30) days of Vendor’s receipt of written notice thereof. In the event Northwestern determines, in its reasonable judgment, that Vendor has failed to correct any such non-compliance, Northwestern shall have the option to: (a) extend the period in which Vendor may correct any such non-compliance, (b) accept the applicable non-compliant Services, subject to a reasonable price adjustment, or (c) terminate this Agreement or any applicable Order Form with respect to such non-compliant Services, in which case Vendor shall promptly refund to Northwestern all sums prepaid by Northwestern under this Agreement or such Order Form with respect to such Services.
Northwestern’s election to extend the correction period in accordance with clause (a) shall not bar Northwestern from electing to terminate this Agreement or any applicable Order Form in accordance with clause (c) in the event Vendor fails to correct any applicable non-compliance during any such additional correction period.