Fundamental Alteration Clause Samples

The Fundamental Alteration clause defines the threshold at which a change to a product, service, or agreement is considered so significant that it alters the essential nature or core purpose of what was originally agreed upon. In practice, this clause is often invoked to prevent modifications that would undermine the basic functionality or intent of a contract, such as changing a key feature of a software product or altering the primary obligations of a service provider. Its core function is to protect parties from being forced to accept changes that would fundamentally change the value or purpose of their agreement, thereby ensuring that the original intent of the contract is preserved.
Fundamental Alteration a change to the University’s services, programs, or activities that fundamentally alters the nature of the services, programs, or activities, including academic courses and technology. Where accessibility poses a Fundamental Alteration, the University may take other actions that would not result in such an alteration but would nevertheless provide, to the maximum extent feasible, qualified individuals with disabilities equal access to the services, programs, and activities of the University.
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Fundamental Alteration. A change to a university program or service may constitute a fundamental alteration if it alters the essential purpose of the program or service or any of its components. In situations where a fundamental alteration can be documented, equally effective alternate access must still be provided.
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Fundamental Alteration. The LCSO is not required to take any action under this Agreement that it can demonstrate would result in a fundamental alteration in the nature of a law enforcement or law enforcement-related service, program, or activity, or in undue financial and administrative burdens to Larimer County. In those circumstances where Personnel believe a proposed action would fundamentally alter a service, program, or activity, or would result in undue financial and administrative burdens, the LCSO will have the burden of proving that providing the proposed accommodation or auxiliary aid or service would result in such alteration or burden. The decision that such action would result in such alteration or burdens must be made by the Sheriff or his designee 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. If an action required to comply with Title II or this Agreement would result in such an alteration or burden, the LCSO will take all appropriate steps necessary to ensure that communications with Persons with Auditory Disabilitiesare as effective as communications with others.. Provision of Qualified Interpreters. The LCSO will maintain working relationships with one or more Qualified Interpreter agencies to ensure that a Qualified Interpreter will be available on a priority basis, twenty-four (24) hours per day, and seven (7) days per week. The LCSO shall provide the Department with documentation that such interpreter services have been contacted, are available, and have access to Qualified Interpreters. For meetings or interactions with Members of the Public scheduled with advance notice where Personnel know that a Person with an Auditory Disability may be participating, LCSO shall arrange for a Qualified Interpreter to be present at the meeting. LCSO shall not schedule such meeting until such time that a Qualified Interpreter can be present, and LCSO shall postpone any such meeting where the Qualified Interpreter cancels or does not show up at the appointed time.
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Fundamental Alteration. The LCSO is not required to take any action under this Agreement that it can demonstrate would result in a fundamental alteration in the nature of a law enforcement or law enforcement-related service, program, or activity, or in undue financial and administrative burdens to Larimer County. In those circumstances where Personnel believe a proposed action would fundamentally alter a service, program, or activity, or would result in undue financial and administrative burdens, the LCSO will have the burden of proving that providing the proposed accommodation or auxiliary aid or service would result in such alteration or burden. The decision that such action would result in such alteration or burdens must be made by the Sheriff or his designee 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. If an action required to comply with Title II or this Agreement would result in such an alteration or burden, the LCSO will take all appropriate steps necessary to ensure that communications with Persons with Auditory Disabilitiesare as effective as communications with others..
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Related to Fundamental Alteration

  • Undue Burden and Fundamental Alteration For any technology-related requirement in this Agreement for which the Recipient 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 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 the Recipient as their nondisabled peers.

  • AMENDMENT OR ALTERATION No amendment or alteration of the terms of this Agreement shall be valid unless made in writing and signed by both of the parties hereto.

  • LEASE ALTERATIONS The Owner hereby gives power to the Agent to initiate, sign, renew, modify, or cancel rental agreements and leases for the Property, or any part thereof and collect and give receipts for rents, other fees, charges, and security deposits.

  • Removal of Alterations If Tenant fails to remove by the expiration or earlier termination of this Lease all of its personal property, or any Alterations identified by Landlord for removal, Landlord may, at its option, treat such failure as a hold-over pursuant to Subparagraph 11(b) above, and/or Landlord may (without liability to Tenant for loss thereof) treat such personal property and/or Alterations as abandoned and, at Tenant's sole cost and expense, and in addition to Landlord's other rights and remedies under this Lease, at law or in equity: (a) remove and store such items; and/or (b) upon ten (10) days prior notice to Tenant, sell, discard or otherwise dispose of all or any such items at private or public sale for such price as Landlord may obtain or by other commercially reasonable means. Tenant shall be liable for all costs of disposition of Tenant's abandoned property and Landlord shall have no liability to Tenant with respect to any such abandoned property. Landlord agrees to apply the proceeds of any sale of any such property to any amounts due to Landlord under this Lease from Tenant (including Landlord's attorneys' fees and other costs incurred in the removal, storage and/or sale of such items), with any remainder to be paid to Tenant.

  • Landlord’s Consent to Alterations Tenant may not make any improvements, alterations, additions or changes to the Premises (collectively, the "ALTERATIONS") without first procuring the prior written consent of Landlord to such Alterations, which consent shall be requested by Tenant not less than thirty (30) days prior to the commencement thereof, and which consent (as indicated in Section 29.4 below) shall not be unreasonably withheld by Landlord. However, Tenant may make (i) cosmetic changes to the finish work in the Premises, not requiring any structural or other substantial modifications to the Premises (e.g., voice/data cabling), without Landlord's prior consent, (ii) cosmetic changes to the interior of any Tenant space within the Building (e.g., changes to the carpet, wallcovering and paint) and (iii) nonstructural changes to the interior of any Tenant space within the Building (such cosmetic and nonstructural changes to be referred to hereafter collectively as the "ACCEPTABLE CHANGES") upon at least ten (10) days prior notice to Landlord but without Landlord's prior consent provided (a) with respect to the changes described in Subsection 8.1(iii) above only, such changes do not cost in excess of Two Dollars ($2.00) per usable square foot of the Premises for any one (1) job, (b) such Acceptable Changes do not affect the exterior appearance of the Building or Common Areas, the structural aspects of the Building, or any Building System or Equipment, and (c) Tenant shall perform such Acceptable Changes in a good and workmanlike manner and in conformance with any and all applicable federal, state, county or municipal laws, rules or regulations (collectively, "APPLICABLE LAWS"). At any time Tenant proposes to make Alterations which require the consent of Landlord pursuant to this Section 8.1, Tenant's notice regarding the proposed Alterations shall be provided together with plans and specifications for the Alterations, and Landlord shall approve or disapprove of the same within fifteen (15) days after Landlord's receipt thereof. The construction of the initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not the terms of this Article 8, and therefore, as used herein, the term "Alterations" does not refer to any tenant improvements installed pursuant to the Tenant Work Letter.