Electronic and Information Resources. If determined to be applicable by A&M System, PROVIDER 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. A&M System may test the EIR to ensure the accuracy of the VPAT response regarding conformance with the Accessibility Standards. If PROVIDER should have known, becomes aware, or is notified that the EIR do not comply with the Accessibility Standards, PROVIDER shall, in a timely manner and at no cost to A&M System, 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.
Electronic and Information Resources. PROVIDER represents and warrants that the electronic and information resources and all associated information, documentation, and support that it provides to A&M SYSTEM and Members 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 of the Texas Administrative Code (as authorized by Chapter 2054, Subchapter M of the Texas Government Code) (the “EIR Accessibility Warranty”). If PROVIDER becomes aware that the EIRs, or any portion thereof, do not comply with the EIR Accessibility Warranty, PROVIDER shall, at no cost to A&M SYSTEM and Members, 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 PROVIDER fails or is unable to do so, A&M SYSTEM and Members may immediately terminate this Agreement, and PROVIDER will refund to A&M SYSTEM and Members all amounts paid by A&M SYSTEM and Members under this Agreement within thirty (30) days following the effective date of termination.
Electronic and Information Resources. If determined to be applicable by End User, Astadia 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. End User may test the EIR to ensure the accuracy of the VPAT response regarding conformance with the Accessibility Standards. If Astadia should have known, becomes aware, or is notified that the EIR do not comply with the Accessibility Standards, Astadia shall, in a timely manner and at no cost to End User, 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. In the event that Xxxxxxx fails or is unable to do so, End User may immediately terminate this Agreement, and Astadia will refund to End User all amounts paid by End User under this Agreement within sixty (60) days following the effective date of termination.
Electronic and Information Resources. Accessibility Standards, as required by Title 1 of the Texas Administrative Code, Chapter 213. Effective September 1, 2006, all state agencies and institutions of higher education shall procure products which comply with the State of Texas accessibility requirements for electronic and information resources specified in Title 1 of the Texas Administrative Code, Chapter 213 when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation. If applicable, ESCO shall provide the Texas Department of Information Resources (“DIR”) with the universal resource locator (“URL”) to its Voluntary Product Accessibility Template (VPAT) for reviewing compliance with the State of Texas Accessibility requirements (based on the federal standards established under Section 508 of the Rehabilitation Act), or indicate that the product/service accessibility information is available from the General Services Administration “Buy Accessible Wizard” (xxxxx://xxx.xxxxxxxxxxxxx.
Electronic and Information Resources. If determined to be applicable by Member under a specific Order Form and such determination is stated therein, PROVIDER 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. A&M System may test the EIR to ensure the accuracy of the VPAT response regarding conformance with the Accessibility Standards. If PROVIDER should have known, becomes aware, or is notified that the EIR do not comply with the VPAT, PROVIDER shall, in a timely manner and at no cost to A&M System, 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. Notwithstanding, the foregoing obligations of PROVIDER in this Section 9.A do not apply to VPATs provided for third-party software or services, other services provided by third parties, or configurations made by PROVIDER using a third party’s native functionality.
Electronic and Information Resources. Pluralsight represents and warrants that the electronic and information resources and all associated information, documentation, and support that it provides to Customer 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 of the Texas Administrative Code (as authorized by Chapter 2054, Subchapter M of the Texas Government Code) (the “EIR Accessibility Warranty”). If Pluralsight becomes aware that the EIRs, or any portion thereof, do not comply with the EIR Accessibility Warranty, Pluralsight 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 Pluralsight knowingly fails or is knowingly unable to do so, Customer may immediately terminate this Agreement, and Pluralsight will refund to Customer fees paid for any unused portion of the term within thirty (30) days following the effective date of termination.
Electronic and Information Resources. PROVIDER shall make reasonable efforts to ensure that the electronic and information resources and all associated information, documentation, and support that it provides to A&M System 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 of the Texas Administrative Code (as authorized by Chapter 2054, Subchapter M of the Texas Government Code) (the “EIR Accessibility Warranty”). If A&M System becomes aware that the EIRs, or any portion thereof, do not comply with the EIR Accessibility Warranty, A&M System shall notify PROVIDER, and PROVIDER shall make reasonable efforts to 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.
Electronic and Information Resources. PROVIDER represents and warrants that the electronic and information resources and all associated information, documentation, and support that it provides to a Member under this Agreement and an Order Form (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 PROVIDER becomes aware that the EIRs, or any portion thereof, do not comply with the EIR Accessibility Warranty, PROVIDER shall, at no cost to the Member and in a manner and timeframe commensurate with the severity of the non-compliance, 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 PROVIDER fails or is unable to do so, A&M SYSTEM and the Member may immediately terminate this Agreement and/or an Order Form.
Electronic and Information Resources. JED represents and warrants that the electronic and information resources and all associated information, documentation, and support that it provides to School 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 of the Texas Administrative Code (as authorized by Chapter 2054, Subchapter M of the Texas Government Code) (the “EIR Accessibility Warranty”). If XXX becomes aware that the EIRs, or any portion thereof, do not comply with the EIR Accessibility Warranty, XXX shall, at no cost to TAMUS, 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 XXX fails or is unable to do so, TAMUS may immediately terminate this Agreement, and JED will refund to TAMUS all amounts paid by TAMUS under this Agreement within thirty (30) days following the effective date of termination. The XXX Deliverables will be accessible as described above during the Term of the Agreement. Legacy or existing materials that School may receive from JED and general JED website information are under review with the goal to make such materials and information accessible as soon as reasonably possible. If TAMUS becomes aware, or is notified that the digital reource does not comply with the Accessibility Standards AND that noncompliance results in a direct barrier to access, XXX shall, in a timely manner use best efforts to provide alternative formats of the content for the individual to successfully access the program.
Electronic and Information Resources. PROVIDER represents and warrants that the Canvas LMS (including mobile apps) and Canvas Studio offerings that it provides to a Member under this Agreement and an Order Form (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 PROVIDER becomes aware that the EIRs, or any portion thereof, do not comply with the EIR Accessibility Warranty, PROVIDER shall, at no cost to the Member, 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 PROVIDER fails or is unable to do so, A&M SYSTEM and the Member may terminate this Agreement and/or an Order Form for cause as provided for in Section 2 of this Agreement. Provider represents and warrants that it is taking commercially reasonable steps to improve the accessibility functions for Canvas Credentials, Impact by Instructure, and Canvas Catalog.
