Common use of Undue Burden and Fundamental Alteration Clause in Contracts

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which the College asserts an undue burden or fundamental alteration defense, such assertion may only be made by the President of the College (the President) or by an individual designated by the President and who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement and the available funding and other resources. The written statement will be certified by the determining official. If such a determination is made, the certifying official will describe in the written statement how it will provide equally effective alternate access, i.e., other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services provided by the College as their nondisabled peers.

Appears in 2 contracts

Samples: Resolution Agreement, Resolution Agreement

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Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which the College Recipient asserts an undue burden or fundamental alteration defense, such assertion may only be made by the University President of the College (the President) or by an individual designated by the President and who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement and the available funding and other resources. The written statement will be certified by the determining officialPresident or designee. If such a determination is made, the certifying official will describe in the written statement how it will provide equally effective alternate access, i.e., other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services provided by the College Recipient as their nondisabled peers.

Appears in 1 contract

Samples: Resolution Agreement

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which the College asserts an undue burden or fundamental alteration defense, such assertion may only be made by the President of the College (the President) or by an individual designated by the President and who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement and the available funding and other resources. The written statement will be certified by the determining official. If such a determination is made, the certifying official will describe in the written statement how it will provide equally effective alternate access, i.e., other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services provided by the College School as their nondisabled peers.

Appears in 1 contract

Samples: Resolution Agreement

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which the College asserts an undue burden or fundamental alteration defense, such assertion may only be made by the College’s President of the College (the President) or by an individual designated by the College’s President and who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement and the available funding and other resources. The written statement will be certified by the determining official. If such a determination is made, the certifying official will describe in the written statement how it will provide equally effective alternate access, i.e., other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services provided by the College as their nondisabled peers.

Appears in 1 contract

Samples: Resolution Agreement

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which the College asserts an undue burden or fundamental alteration defense, such assertion may only be made by the President of the College (the College President) or by an individual designated by the College President and who has budgetary authority (the College designee) after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement and the available funding and other resources. The written statement will be certified by the determining officialCollege President or the College designee. If such a determination is made, the certifying official will describe in the written statement how it will provide equally effective alternate access, i.e., other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services provided by the College as their nondisabled peers.

Appears in 1 contract

Samples: Resolution Agreement

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which the College University asserts an undue burden Undue Burden or fundamental alteration Fundamental Alteration defense, such assertion may only be made by the University President of the College (the President) or by an individual or individuals designated by the University President and who has or have budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement and the available funding and other resources. The written statement will be certified by the determining officialofficial(s). If such a determination is made, the certifying official official(s) will describe in the written statement how it will provide equally effective alternate access, i.e., other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive have equally effective access to the same benefits or services services, programs, and activities of provided by the College University as their nondisabled peers.

Appears in 1 contract

Samples: Resolution Agreement

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which the College University asserts an undue burden or fundamental alteration defense, such assertion may only be made by the Senior Vice President and Xxxxxxx of the College (the President) University or by an individual designated by the Senior Vice President and who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion, including the estimated cost of meeting the requirement and the available funding and other resourcesrequirement. The written statement will be certified by the determining official. If such a determination is made, the certifying official will describe in the written statement how it will provide equally effective alternate access, i.e., other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent reasonably possible, individuals with disabilities receive the same benefits or services provided by the College University as their nondisabled peers.

Appears in 1 contract

Samples: Resolution Agreement

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Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which the College University asserts an undue burden or fundamental alteration defense, such assertion may only be made by the President of the College University (the President) or by an individual designated by the President and who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement and the available funding and other resources. The written statement will be certified by the determining official. If such a determination is made, the certifying official will describe in the written statement how it will provide equally effective alternate access, i.e., other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services provided by the College University as their nondisabled peers.

Appears in 1 contract

Samples: Resolution Agreement

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which the College University asserts an undue burden or fundamental alteration defense, such assertion may only be made by the University President of the College (the President) or by an individual or individuals designated by the University President and who has or have budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement and the available funding and other resources. The written statement will be certified by the determining officialofficial(s). If such a determination is made, the certifying official official(s) will describe in the written statement how it will provide equally effective alternate access, i.e., other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive have equally effective access to the same benefits or services provided by the College University as their nondisabled peers.

Appears in 1 contract

Samples: Resolution Agreement

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which the College asserts an undue burden or fundamental alteration defense, such assertion may only be made by the President of the College (the President) or by an individual designated by the President of the College and who has budgetary authority after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion, including the cost of meeting the requirement and the available funding and other resources. The written statement will be certified by the determining official. If such a determination is made, the certifying official will describe in the written statement how it will provide equally effective alternate access, i.e., other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the same benefits or services provided by the College as their nondisabled peers.

Appears in 1 contract

Samples: Resolution Agreement

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