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 MMSD asserts an undue burden or fundamental alteration defense, such assertion may only be made by the Superintendent or by an individual designated by the Superintendent 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 MMSD as their nondisabled peers.

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which MMSD the Network asserts an undue burden or fundamental alteration defense, such assertion may only be made by the Superintendent Chief Executive Officer (CEO) or by an individual designated by the Superintendent CEO 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 MMSD the Network as their nondisabled peers.

Undue Burden and Fundamental Alteration. For any technology-related requirement in this inthis Agreement for which MMSD the Academy asserts an undue burden or fundamental alteration defense, such assertion may only be made by the Superintendent The Academy Executive Director or by an individual designated by the Superintendent Executive Director 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 ,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 MMSD the Academy as their nondisabled peers.

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which MMSD Learning Ally asserts an undue burden or fundamental alteration defense, such assertion may only be made by the Superintendent Chief Executive Officer or by an individual designated by the Superintendent Chief Executive Officer 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 MMSD Learning Ally as their nondisabled peers.

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which MMSD the recipient asserts an undue burden or fundamental alteration defense, such assertion may only be made by the Superintendent President of or by an individual designated by the Superintendent President 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 MMSD the recipient as their nondisabled peers.

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which MMSD IDOE asserts an undue burden or fundamental alteration defense, such assertion may only be made by the Superintendent Director or by an individual designated by the Superintendent Director 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 MMSD IDOE as their nondisabled peers.

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which MMSD the Recipient asserts an undue burden or fundamental alteration defense, such assertion may only be made by the Superintendent President or by an individual designated by the Superintendent 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 MMSD the Recipient as their nondisabled peers.

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which MMSD the District asserts an undue burden or fundamental alteration defense, such assertion may only be made by the Superintendent District President or by an individual designated by the Superintendent 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 MMSD the District as their nondisabled peers.

Undue Burden and Fundamental Alteration. For any technology-related requirement in this Agreement for which MMSD the USDB asserts an undue burden or fundamental alteration defense, such assertion may only be made by the Superintendent or by an individual designated by the Superintendent 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 MMSD the USDB as their nondisabled peers.