Common use of ADDITIONAL TERMS OF SETTLEMENT Clause in Contracts

ADDITIONAL TERMS OF SETTLEMENT. 21. This Agreement sets forth the entire agreement between the parties and fully supersedes any and all prior agreements or understandings between the parties pertaining to the IER Investigations. This Agreement is governed by the laws of the United States. This Agreement shall be deemed to have been drafted by both parties and shall not be construed against any one party in the event of a subsequent dispute concerning the terms of the Agreement. The parties agree that the paragraphs set forth in Part II of this Agreement (entitled “Terms of Settlement”) are material terms, and that neither party waives the right to argue that the other provisions of settlement are material. 22. The United States District Court for the Northern District of Georgia shall be the preferred venue for enforcement of any claims over which that court has subject matter jurisdiction. Otherwise, a party must bring any claim or counterclaim to enforce the agreement in a court of competent jurisdiction. This provision does not constitute a waiver of sovereign immunity or any other defense the United States might have against a claim for enforcement or counterclaims asserted against it. 23. Should any provision of this Agreement be declared or determined by any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected and the term or provision shall be deemed not to be a part of this Agreement. The parties agree that they will not, individually or in combination with another, seek to have any court declare or determine that any provision of this Agreement invalid. 24. The parties agree to bear their own costs, attorneys’ fees and other expenses incurred in this investigation. 25. This Agreement may be executed in multiple counterparts, each of which together shall be considered an original but all of which shall constitute one agreement. The parties agree to be bound by facsimile signatures.

ADDITIONAL TERMS OF SETTLEMENT. 2113. This Agreement sets forth the entire agreement between the parties and fully supersedes any and all prior agreements or understandings between the parties pertaining to the IER Investigationssubject matter herein. This Agreement is governed by the laws of the United States. This Agreement shall be deemed to have been drafted by both parties and shall not be construed against any one party in the event of a subsequent dispute concerning the terms of the Agreement. The parties agree that the paragraphs set forth in Part II of this Agreement (entitled “Terms of Settlement”) are material terms, and that neither party waives the without waiver of either parties’ right to argue that other terms in the other provisions of settlement Agreement are material. 2214. The This Agreement may be enforced in the United States District Court for the Northern District of Georgia shall be Maryland, Northern Division. This paragraph, or the preferred venue for enforcement initiation of any claims over which that court has subject matter jurisdiction. Otherwise, a party must bring any claim or counterclaim lawsuit to enforce the agreement in a court of competent jurisdiction. This provision Agreement under this paragraph, including any counterclaims asserted, does not constitute and should not be construed as a waiver of sovereign immunity or any other defense the United States either party might have against a claim for enforcement or counterclaims asserted against itenforcement. 2315. The parties agree that, as of the Effective Date, litigation concerning the alleged violation of 8 U.S.C. § 1324b that is the subject of the IER investigation is not reasonably foreseeable. To the extent that any party previously implemented a litigation hold to preserve documents, electronically stored information, or things related to this matter, the party is no longer required to maintain such a litigation hold. Nothing in this paragraph relieves either party of any other obligations imposed by this Agreement. 16. Should any provision of this Agreement be declared or determined by any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected affected, and the term or provision shall be deemed not to be a part of this Agreement. The parties agree that they will shall not, individually or in combination with another, seek to have any court declare or determine that any provision of this Agreement is invalid. 2417. The parties agree to bear their own costs, attorneys’ fees and other expenses incurred in this investigation. 2518. This Agreement may be executed in multiple counterparts, each of which together shall be considered an original but all of which shall constitute one agreement. The parties agree to Parties shall be bound by facsimile signatures.

ADDITIONAL TERMS OF SETTLEMENT. 2114. This Agreement sets forth the entire agreement between the parties Parties and fully supersedes any and all prior agreements or understandings between the parties Parties pertaining to the IER Investigations. This Agreement is governed by the laws of the United States. This Agreement shall be deemed to have been drafted by both parties the Parties and shall not be construed against any one party in the event of a subsequent dispute concerning the terms of the Agreement. The parties Parties agree that the paragraphs set forth in Part II of this Agreement and attachments (entitled “Terms of Settlement”) are material terms, and that neither party waives the without waiver of any Party’s right to argue that other terms in the other provisions of settlement Agreement are material. 2215. The United States District Court for the Northern District of Georgia New Jersey shall be the preferred venue for enforcement of any claims over which that court has subject matter jurisdiction. Otherwise, a party Party must bring any claim or counterclaim to enforce the agreement this Agreement in a court of competent jurisdiction. This provision does not constitute a waiver of sovereign immunity or any other defense the United States might have against a claim for enforcement or counterclaims asserted against it. 2316. Should any provision court declare or determine that any provision(s) of this Agreement be declared or determined by any court to be is/are illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected and the term said illegal or provision invalid part(s), term(s), or provision(s) shall be deemed not to be a part of this Agreement. The parties agree that they will Parties shall not, individually or in combination with another, seek to have any court declare or determine that any provision of this Agreement is invalid. 24. The parties agree to bear their own costs, attorneys’ fees and other expenses incurred in this investigation. 25. This Agreement may be executed in multiple counterparts, each of which together shall be considered an original but all of which shall constitute one agreement. The parties agree to be bound by facsimile signatures.

ADDITIONAL TERMS OF SETTLEMENT. 2122. This Agreement sets forth the entire agreement between the parties and fully supersedes any and all prior agreements or understandings between the parties pertaining to the IER InvestigationsInvestigation, DJ # 000-00-00. This Agreement is governed by the laws of the United States. This Agreement shall be deemed to have been drafted by both parties and shall not be construed against any one party in the event of a subsequent dispute concerning the terms of the Agreement. The parties agree that the paragraphs set forth in Part II of this Agreement (entitled “Terms of Settlement”) are material terms, and that neither party waives the right to argue that the other provisions of settlement are material. 2223. The This Agreement may be enforced in the United States District Court for the Northern District of Georgia shall be Iowa. This paragraph, or the preferred venue for enforcement initiation of any claims over which that court has subject matter jurisdiction. Otherwise, a party must bring any claim or counterclaim lawsuit to enforce the agreement in a court of competent jurisdiction. This provision Agreement under this paragraph, including any counterclaims asserted, does not constitute and should not be construed as a waiver of sovereign immunity or any other defense the United States might have against a claim for enforcement or counterclaims asserted against itenforcement. 2324. Should any provision of this Agreement be declared or determined by any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected and the term or provision shall be deemed not to be a part of this Agreement. The parties agree that they will not, individually or in combination with another, seek to have any court declare or determine that any provision of this Agreement invalid. 24. The parties agree to bear their own costs, attorneys’ fees and other expenses incurred in this investigation. 25. This Agreement may be executed in multiple counterparts, each of which together shall be considered an original but all of which shall constitute one agreement. The parties agree to be bound by facsimile signatures.

ADDITIONAL TERMS OF SETTLEMENT. 2117. This Agreement sets forth the entire agreement between the parties Parties and fully supersedes any and all prior agreements or understandings between the parties Parties pertaining to the IER InvestigationsInvestigation. This Agreement is governed by the laws of the United States. This Agreement shall be deemed to have been drafted by both parties Parties and shall not be construed against any one party in the event of a subsequent dispute concerning the terms of the Agreement. The parties Parties agree that the paragraphs set forth in Part II of this Agreement (entitled “Terms of Settlement”) are material terms, and that neither party waives the without waiver of either Parties’ right to argue that other terms in the other provisions of settlement Agreement are material. 2218. The This Agreement may be enforced in the United States District Court for the Northern Southern District of Georgia shall be Texas. This paragraph, or the preferred venue for enforcement initiation of any claims over which that court has subject matter jurisdiction. Otherwise, a party must bring any claim or counterclaim lawsuit to enforce the agreement in a court of competent jurisdiction. This provision Agreement under this paragraph, including any counterclaims asserted, does not constitute and should not be construed as a waiver of sovereign immunity or any other defense the United States either party might have against a claim for enforcement or counterclaims asserted against itenforcement. 2319. The Parties agree that, as of the Effective Date, litigation concerning the alleged violations of 8 U.S.C. § 1324b that are the subject of the IER Investigation is not reasonably foreseeable. To the extent that any party previously implemented a litigation hold to preserve documents, electronically stored information, or things related to this matter, the party is no longer required to maintain such a litigation hold. Nothing in this paragraph relieves either party of any other obligations imposed by this Agreement. 20. Should any provision of this Agreement be declared or determined by any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected affected, and the term or provision shall be deemed not to be a part of this Agreement. The parties agree that they will Parties shall not, individually or in combination with another, seek to have any court declare or determine that any provision of this Agreement is invalid. 2421. The parties agree to Parties shall bear their own costs, attorneys’ fees and other expenses incurred in this investigationaction. 2522. This Agreement may be executed in multiple counterparts, each of which together shall be considered an original but all of which shall constitute one agreement. The parties agree to be bound by facsimile signatures.Parties

ADDITIONAL TERMS OF SETTLEMENT. 2118. This Agreement sets forth the entire agreement between the parties and fully supersedes any and all prior agreements or understandings between the parties pertaining to the IER Investigationssubject matter herein. This Agreement is governed by the laws of the United States. This Agreement shall be deemed to have been drafted by both parties and shall not be construed against any one party in the event of a subsequent dispute concerning the terms of the Agreement. The parties agree that the paragraphs set forth in Part II of this Agreement (entitled “Terms of Settlement”) are material terms, and that neither party waives the without waiver of either Parties’ right to argue that other terms in the other provisions of settlement Agreement are material. 2219. The This Agreement may be enforced in the United States District Court for the Northern Southern District of Georgia shall be New York. This paragraph, or the preferred venue for enforcement initiation of any claims over which that court has subject matter jurisdiction. Otherwise, a party must bring any claim or counterclaim lawsuit to enforce the agreement in a court of competent jurisdiction. This provision Agreement under this paragraph, including any counterclaims asserted, does not constitute and should not be construed as a waiver of sovereign immunity or any other defense the United States might have against a claim for enforcement or counterclaims asserted against itenforcement. 2320. The parties agree that, as of the Effective Date of this Agreement, litigation concerning the violations of 8 U.S.C. § 1324b that XXX has reasonable cause to believe that Respondent committed is not reasonably foreseeable. To the extent that either party previously implemented a litigation hold to preserve documents, electronically stored information, or things related to this matter, the party is no longer required to maintain such a litigation hold. Nothing in this paragraph relieves either party of any other obligations imposed by this Agreement. 21. Should any provision of this Agreement be declared or determined by any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected and the term or provision shall be deemed not to be a part of this Agreement. The parties agree that they will not, individually or in combination with another, seek to have any court declare or determine that any provision of this Agreement is invalid. 2422. The parties agree to shall bear their own costs, attorneys’ fees and other expenses incurred in this investigationaction. 25. This Agreement may be executed in multiple counterparts, each of which together shall be considered an original but all of which shall constitute one agreement. The parties agree to be bound by facsimile signatures.

ADDITIONAL TERMS OF SETTLEMENT. 2116. This Agreement sets forth the entire agreement between the parties and fully supersedes any and all prior agreements or understandings between the parties pertaining to the IER Investigationssubject matter herein. This Agreement is governed by the laws of the United States. This Agreement shall be deemed to have been drafted by both parties and shall not be construed against any one party in the event of a subsequent dispute concerning the terms of the Agreement. The parties agree that the paragraphs set forth in Part II of this Agreement (entitled “Terms of Settlement”) are material terms, and that neither party waives the without waiver of either party’s right to argue that other terms in the other provisions of settlement Agreement are material. 2217. The United States District Court for the Northern District of Georgia Maryland shall be the preferred venue for enforcement of any claims over which that court has subject matter jurisdiction. Otherwise, a party must bring any claim or counterclaim to enforce the agreement in a court of competent jurisdiction. This provision does not constitute a waiver of sovereign immunity or any other defense the United States might have against a claim for enforcement or counterclaims asserted against it. 2318. The parties agree that, as of the Effective Date of this Agreement, litigation concerning the violations of 8 U.S.C. § 1324b that XXX has reasonable cause to believe that Respondent committed is not reasonably foreseeable. To the extent that either party previously implemented a litigation hold to preserve documents, electronically stored information, or things related to this matter, the party is no longer required to maintain such a litigation hold. Nothing in this paragraph relieves either party of any other obligations imposed by this Agreement. 19. Should any provision of this Agreement be declared or determined by any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected and the term or provision shall be deemed not to be a part of this Agreement. The parties agree that they will not, individually or in combination with another, seek to have any court declare or determine that any provision of this Agreement is invalid. 2420. The parties agree to shall bear their own costs, attorneys’ fees and other expenses incurred in this investigation. 2521. This Agreement may be executed in multiple counterparts, each of which together shall be considered an original but all of which shall constitute one agreement. The parties agree to shall be bound by facsimile or other electronically transmitted signatures.