Access by Individuals with Disabilities. Contractor represents and warrants (EIR Accessibility Warranty) the electronic and information resources and all associated information, documentation, and support Contractor provides to University under this Agreement (EIRs) comply with applicable requirements in 1 TAC Chapter 213 and 1 TAC §206.70 (ref. Subchapter M, Chapter 2054, Texas Government Code). To the extent Contractor becomes aware the EIRs, or any portion thereof, do not comply with the EIR Accessibility Warranty, then Contractor represents and warrants it will, at no cost to University, either (1) perform all necessary remediation to make the EIRs satisfy the EIR Accessibility Warranty or (2) replace the EIRs with new EIRs that satisfy the EIR Accessibility Warranty. If Contractor fails or is unable to do so, University may terminate this Agreement and, within thirty (30) days after termination, Contractor will refund to University all amounts University paid under this Agreement. Contractor will provide all assistance and cooperation necessary for performance and documentation of accessibility testing, planning, and execution criteria conducted by University or University’s third party testing resources, as required by 1 TAC §213.38(g).
Access by Individuals with Disabilities. Contractor represents and warrants (the “EIR Accessibility Warranty”) that the electronic and information resources and all associated information, documentation, and support that it provides to College under this Agreement (collectively, the “EIRs”) comply with the applicable requirements set forth in Title 1, Chapter 213 of the Texas Administrative Code and Title 1, Chapter 206, Rule §206.70 of the Texas Administrative Code (as authorized by Chapter 2054, Subchapter M of the Texas Government Code.) To the extent Contractor becomes aware that the EIRs, or any portion thereof, do not comply with the EIR Accessibility Warranty, then Contractor represents and warrants that it will, at no cost to College, either (1) perform all necessary remediation to make the EIRs satisfy the EIR Accessibility Warranty or (2) replace the EIRs with new EIRs that satisfy the EIR Accessibility Warranty. In the event that Contractor fails or is unable to do so, then College may terminate this Agreement and Contractor will refund to College all amounts College has paid under this Agreement within thirty (30) days after the termination date.] [OPTIONAL: Include the following provision if Contractor will have access to FERPA protected student information:
Access by Individuals with Disabilities. Performing Party represents and warrants (EIR Accessibility Warranty) the electronic and information resources and all associated information, documentation, and support Performing Party provides to Receiving Party under this Agreement (EIRs) comply with applicable requirements set forth in 1 TAC Chapter 213 and 1 TAC Section 206.70 (ref. Subchapter M, Chapter 2054, Texas Government Code). To the extent Performing Party becomes aware the EIRs, or any portion thereof, do not comply with the EIR Accessibility Warranty, then Performing Party represents and warrants it will, at no cost to Receiving Party, either 1) perform all necessary remediation to make EIRs satisfy the EIR Accessibility Warranty or 2) replace the EIRs with new EIRs that satisfy the EIR Accessibility Warranty. If Performing Party is unable to do so, Receiving Party may terminate this Agreement and, within thirty
Access by Individuals with Disabilities. Contractor represents and warrants (“EIR Accessibility Warranty”) that any electronic and information resources and all associated information, documentation, and support provided to UTMB by Contractor under the Agreement (collectively, the “EIRs”) comply with the applicable requirements set forth in Title 1, Chapter 213 of the Texas Administrative Code and Title 1, Chapter 206, Rule 206.70 of the Texas Administrative Code (as authorized by Texas Government Code Chapter 2054, Subchapter M). To the extent Contractor becomes aware that the EIRs, or any portion thereof, do not comply with the EIR Accessibility Warranty, then Contractor represents and warrants that it will, at no cost to UTMB, either (1) perform all necessary remediation to make the EIRs satisfy the EIR Accessibility Warranty, or (2) replace the EIRs with new EIRs that satisfy the EIR Accessibility Warranty. In the event Contractor is unable to do so, then UTMB may terminate the Agreement without further liability and Contractor will refund to UTMB all amounts UTMB has paid under the Agreement within thirty (30) days of the termination date. 44. ACKNOWLEDGMENT OF HIPAA OBLIGATION AND OTHER REGULATIONS IMPLEMENTING THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (42 U.S.C. §1320(D) (“HIPAA”): To the extent Contractor comes into contact with information considered Individually Identifiable Health Information (IIHI) under HIPAA or Protected Health Information (PHI), as regulated by the Department of Health and Human Services (DHHS) through the adoption of standards, 45 CFR Parts 160 and 164 (Privacy Rule) and 45 CFR Parts 160, 162 and 164 (Security Rule), collectively referred to herein as “the HIPAA Rules,” as amended by the Health Information Technology for Economic and Clinical Health Act of 2009 ("HITECH Act"), Contractor agrees to keep private and to secure any information considered IIHI or PHI (collectively, “Protected Information”) in accordance with federal law.
Access by Individuals with Disabilities. PROVIDER represents and warrants that the electronic and information resources and all associated information, documentation, and support that it provides to TDEM under this Agreement (collectively, the “EIRs”) comply with the applicable requirements set forth in Title 1, Chapter 213 of the Texas Administrative Code and Title 1, Chapter 206, §206.70 of the Texas Administrative Code (as authorized by Chapter 2054, Subchapter M of the Texas Government Code). To the extent PROVIDER becomes aware that the EIRs, or any portion thereof, do not comply then PROVIDER represents and warrants that it will, at no cost to TDEM, either (1) perform all necessary remediation or (2) replace the EIRs with new EIRs.
Access by Individuals with Disabilities. Contractor represents and warrants (Accessibility Warranty) that, at all times during the Term, the Equipment will comply with (a) all applicable requirements of the Americans with Disabilities Act, and (b) the applicable standards/specifications set forth in 1 TAC §213.33.
Access by Individuals with Disabilities. As required by 1 TAC Chapter 213 and 1 TAC Section 206.70 (as authorized by Subchapter M, Chapter 2054, Texas Government Code, the “EIR Code”), Contractor represents and warrants (the “EIR Accessibility Warranty”) that any electronic and information resources and all associated information, documentation, and support that it provides to TWU under this Agreement (collectively, the “EIRs”) comply with the applicable requirements set forth in the EIR Code. To the extent Contractor becomes aware that the EIRs, or any portion thereof, do not comply with the EIR Accessibility Warranty, then Contractor represents that it will, at no cost to TWU, either (1) perform all necessary remediation to make the EIRs satisfy the EIR Accessibility Warranty or (2) replace the EIRs with new EIRs that satisfy the EIR Accessibility Warranty. In the event that Contractor fails or is unable to do so, then TWU may terminate this Agreement and Contractor will refund to TWU all amounts TWU has paid under this Agreement within thirty (30) days after the termination date.
Access by Individuals with Disabilities. Contractor represents and warrants that the electronic and information resources and all associated information, documentation, and support that it provides to TAMUK under this Agreement (collectively, the “EIRs”) comply with the applicable requirements set forth in Title 1, Chapter 213 of the Texas Administrative Code and Title 1, Chapter 206, §206.70 of the Texas Administrative Code (as authorized by Chapter 2054, Subchapter M of the Texas Government Code.) To the extent Contractor becomes aware that the EIRs, or any portion thereof, do not comply, then Contractor represents and warrants that it will, at no cost to TAMUK, either (1) perform all necessary remediation or (2) replace the EIRs with new EIRs. In the event that Contractor fails or is unable to do so, then TAMUK may terminate this Agreement and Contractor will refund to TAMUK all amounts TAMUK has paid under this Agreement within thirty (30) days after the termination date.
Access by Individuals with Disabilities. If determined to be applicable by TAMU-CC, Vendor shall address all required technical standards (WCAG 2.0, Level AA) (the “Accessibility Standards”) by providing a Voluntary Product Accessibility Template (“VPAT”) attesting to the accessible features and capabilities of any electronic and information resources (as defined in Title 1, Chapter 213 of the Texas Administrative Code) and associated documentation and technical support (collectively, the “EIR”) or provide a similarly-formatted document as the VPAT attesting to the EIR’s accessible features and capabilities. TAMU-CC may test the EIR to ensure the accuracy of the VPAT response regarding conformance with the Accessibility Standards. If Vendor should have known, becomes aware, or is notified that the EIR do not comply with the Accessibility Standards, Vendor shall, in a timely manner and at no cost to TAMU-CC, perform all necessary steps to satisfy the Accessibility Standards, including but not limited to remediation, replacement, or upgrading the EIR, or providing a suitable substitute.
Access by Individuals with Disabilities. Vendor represents and warrants that the electronic and information resources and all associated information, documentation, and support that it provides to Customer under the Agreement (collectively, the “EIRs”) comply with the applicable requirements set forth in Title 1, Chapter 213 of the Texas Administrative Code and Title 1, Chapter 206 of the Texas Administrative Code (as authorized by Chapter 2054, Subchapter M of the Texas Government Code) (the “EIR Accessibility Warranty”). If Vendor becomes aware that the EIRs, or any portion thereof, do not comply with the EIR Accessibility Warranty, Vendor shall, at no cost to Customer, either (1) perform all necessary remediation to make the EIRs satisfy the EIR Accessibility Warranty or (2) replace the EIRs with new EIRs that satisfy the EIR Accessibility Warranty. In the event that Vendor fails or is unable to do so, Customer may immediately terminate the Agreement, and Vendor will refund to Customer all amounts paid by Customer under the Agreement within thirty (30) days following the effective date of termination.
