Common use of Impracticability of Use Clause in Contracts

Impracticability of Use. If use by the School of a facility is rendered impracticable by any cause whatsoever, or if the funds necessary to construct/renovate or upgrade a facility cannot be secured, the District shall not be obligated to provide an alternative facility for use by the School. However, if such an event occurs, the District shall use its best efforts to locate or provide an alternative facility for use by the School. In the event the School is prevented by law, public health emergency, or other disaster from making ordinary use of one or more school facilities it may engage in appropriate remote education temporarily while working to remedy the situation or determine when a declared emergency has ended or no longer requires that its facility not be occupied by students. The School and District shall confer and collaborate in responding to such exigent circumstances. The District may require the School to submit a written plan for any extended use of remote instruction, including how the School will provide FAPE to all identified students with disabilities, and may require the School to submit a written statement, with appropriate supporting documentation, if any, on when it will be possible to resume ordinary in-person instruction.

Impracticability of Use. If use by the School Network of a school facility is rendered impracticable by any cause whatsoever, or if the funds necessary to construct/renovate or upgrade a facility cannot be secured, the District shall not be obligated to provide an alternative facility for use by the SchoolNetwork. However, if such an event occurs, the District shall use its best efforts to locate or provide an alternative facility for use by the SchoolNetwork. In the event the School Network is prevented by law, public health emergency, or other disaster from making ordinary use of one or more school facilities it may engage in appropriate remote education temporarily while working to remedy the situation or determine when a declared emergency has ended or no longer requires that its facility not be occupied by students. The School Network and District shall confer and collaborate in responding to such exigent circumstances. The District may require the School Network to submit a written plan for any extended use of remote instruction, including how the School Network will provide FAPE to all identified students with disabilities, and may require the School Network to submit a written statement, with appropriate supporting documentation, if any, on when it will be possible to resume ordinary in-person instruction.