Common use of Access by Individuals with Disabilities Clause in Contracts

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. Contractor Supplier represents and warrants (the “EIR Accessibility Warranty”) that the any electronic and information resources and all associated information, documentation, and support that it provides provided to College UTMB by Supplier under this Agreement the Contract (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 of the Texas Government Code.) M). To the extent Contractor Supplier becomes aware that the EIRs, or any portion thereof, do not comply with the EIR Accessibility Warranty, then Contractor Supplier represents and warrants that it will, at no cost to CollegeUTMB, either (1) perform all necessary remediation to make the EIRs satisfy the EIR Accessibility Warranty Warranty, or (2) replace the EIRs with new EIRs that satisfy the EIR Accessibility Warranty. In the event that Contractor fails or Supplier is unable to do so, then College UTMB may terminate this Agreement the Contract without further liability and Contractor Supplier will refund to College UTMB all amounts College UTMB has paid under this Agreement the Contract within thirty (30) days after of the termination date.] [OPTIONAL: Include the following provision if Contractor will have access to FERPA protected student information:

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. Contractor Supplier represents and warrants (the “EIR Accessibility Warranty”) that the any electronic and information resources and all associated information, documentation, and support that it provides provided to College Xxxxx University by Supplier under this Agreement the Contract (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 of the Texas Government Code.) M). To the extent Contractor Supplier becomes aware that the EIRs, or any portion thereof, do not comply with the EIR Accessibility Warranty, then Contractor Supplier represents and warrants that it will, at no cost to CollegeXxxxx University, either (1) perform all necessary remediation to make the EIRs satisfy the EIR Accessibility Warranty Warranty, or (2) replace the EIRs with new EIRs that satisfy the EIR Accessibility Warranty. In the event that Contractor fails or Supplier is unable to do so, then College Xxxxx University may terminate this Agreement the Contract without further liability and Contractor Supplier will refund to College Xxxxx University all amounts College Xxxxx University has paid under this Agreement the Contract within thirty (30) days after of the termination date.] [OPTIONAL: Include the following provision if Contractor will have access to FERPA protected student information:

Access by Individuals with Disabilities. To the extent applicable, 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. 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 University 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 CollegeUniversity, 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 University may terminate this Agreement and Contractor will refund to College University all amounts College University 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. 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 University under this 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 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 CollegeUniversity, 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 University may terminate this the Agreement and Contractor will refund to College University all amounts College University has paid under this the 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. 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 University 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 Con­tractor represents and warrants that it will, at no cost to CollegeUniversity, 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 University may terminate this Agreement and Contractor will refund to College University all amounts College University 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. Contractor LICENSOR 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 LICENSEE 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 §206.70 206 of the Texas Administrative Code (as authorized by Chapter 2054, Subchapter M of the Texas Government Code.) To (the extent Contractor “EIR Accessibility Warranty”). If LICENSOR becomes aware that the EIRs, or any portion thereof, do not comply with the EIR Accessibility Warranty, then Contractor represents and warrants that it willLICENSOR shall, at no cost to CollegeLICENSEE, 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 LICERNSOR fails or is unable to do so, then College LICENSEE may immediately terminate this Agreement Agreement, and Contractor LICENSOR will refund to College LICENSEE all amounts College has paid by LICENSEE under this Agreement within thirty (30) days after following the termination dateeffective date of termination.] [OPTIONAL: Include the following provision if Contractor will have access to FERPA protected student information:

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 MD Xxxxxxxx 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 this EIR Accessibility Warranty, then Contractor represents and warrants that it will, at no cost to CollegeMD Xxxxxxxx, either (1i) perform all necessary remediation to make the EIRs satisfy the EIR Accessibility Warranty or (2ii) replace the EIRs with new EIRs that satisfy the EIR Accessibility accessibility Warranty. In the event that Contractor fails or is unable to do so, then College MD Xxxxxxxx may terminate this Agreement Agreement, and Contractor will refund to College MD Xxxxxxxx all amounts College MD Xxxxxxxx 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. 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. Contractor X. Xxxxxxxxxxx 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 the 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, Rule §206.70 206 of the Texas Administrative Code (as authorized by Chapter 2054, Subchapter M of the Texas Government Code.) To (the extent Contractor “EIR Accessibility Warranty”). If Accelevents becomes aware that the EIRs, or any portion thereof, do not comply with the EIR Accessibility Warranty, then Contractor represents and warrants that it willAccelevents shall, at no cost to Collegethe A&M System, 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 Accelevents fails or is unable to do so, then College the A&M System may immediately terminate this Agreement Agreement, and Contractor Accelevents will refund to College the A&M System all amounts College has DocuSign Envelope ID: 8AF3D84D-F401-47EC-B5EF-CE0A8F5929AF paid by the A&M System under this Agreement within thirty (30) days after following the termination dateeffective date of termination.] [OPTIONAL: Include the following provision if Contractor will have access to FERPA protected student information:

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 University 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 CollegeUniversity, 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 University may terminate this Agreement and Contractor will refund to College University all amounts College University 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. Contractor A. Accelevents 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 the 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, Rule §206.70 206 of the Texas Administrative Code (as authorized by Chapter 2054, Subchapter M of the Texas Government Code.) To (the extent Contractor “EIR Accessibility Warranty”). If Accelevents becomes aware that the EIRs, or any portion thereof, do not comply with the EIR Accessibility Warranty, then Contractor represents and warrants that it willAccelevents shall, at no cost to Collegethe A&M System, 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 Accelevents fails or is unable to do so, then College the A&M System may immediately terminate this Agreement Agreement, and Contractor Accelevents will refund to College the A&M System all amounts College has DocuSign Envelope ID: 8AF3D84D-F401-47EC-B5EF-CE0A8F5929AF paid by the A&M System under this Agreement within thirty (30) days after following the termination dateeffective date of termination.] [OPTIONAL: Include the following provision if Contractor will have access to FERPA protected student information:

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 University under this 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 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 CollegeUniversity, 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 University may terminate this the Agreement and Contractor will refund to College University all amounts College University has paid under this the 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. Contractor Supplier represents and warrants (the “EIR Accessibility Warranty”) that the any electronic and information resources and all associated information, documentation, and support that it provides provided to College XXXXX UNIVERSITY by Supplier under this Agreement the Contract (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 of the Texas Government Code.) M). To the extent Contractor Supplier becomes aware that the EIRs, or any portion thereof, do not comply with the EIR Accessibility Warranty, then Contractor Supplier represents and warrants that it will, at no cost to CollegeXXXXX UNIVERSITY, either (1) perform all necessary remediation to make the EIRs satisfy the EIR Accessibility Warranty Warranty, or (2) replace the EIRs with new EIRs that satisfy the EIR Accessibility Warranty. In the event that Contractor fails or Supplier is unable to do so, then College XXXXX UNIVERSITY may terminate this Agreement the Contract without further liability and Contractor Supplier will refund to College XXXXX UNIVERSITY all amounts College XXXXX UNIVERSITY has paid under this Agreement the Contract within thirty (30) days after of the termination date.] [OPTIONAL: Include the following provision if Contractor will have access to FERPA protected student information: