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 University asserts undue burden or fundamental alteration, such assertion may only be made by the President of the University 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 (President or designated official with budgetary authority). If such a determination is made, the University 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 University as their nondisabled peers.