Common use of Impracticability of Use Clause in Contracts

Impracticability of Use. If use by the 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 Network. However, if such an event occurs, the District shall use its best efforts to locate or provide an alternative facility for use by the Network. In the event the 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 Network and District shall confer and collaborate in responding to such exigent circumstances. The District may require the Network to submit a written plan for any extended use of remote instruction, including how the Network will provide FAPE to all identified students with disabilities, and may require the Network 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 Network School 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 NetworkSchool. However, if such an event occurs, the District shall use its best efforts to locate or provide an alternative facility for use by the NetworkSchool. In the event the Network 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 Network School and District shall confer and collaborate in responding to such exigent circumstances. The District may require the Network School to submit a written plan for any extended use of remote instruction, including how the Network School will provide FAPE to all identified students with disabilities, and may require the Network School to submit a written statement, with appropriate supporting documentation, if any, on when it will be possible to resume ordinary in-person instruction.