AND COMPLIANCE. 49. Substantial compliance with this Agreement will be based on the entirety of the Agreement. Sub-paragraphs are not severable.
50. Within one month of the effective date of this Agreement, FCSO shall communicate to all FCSO corrections and IAB employees, and others implicated by this Agreement, the requirements set forth in this Agreement.
51. Within three months of the effective date of this Agreement, FCSO shall provide its policies to DOJ, and shall also provide DOJ and its law enforcement consultants with access to FCCC I, FCCC II, and the training divisions to assess FCSO’s level of compliance with the terms of this Agreement. FCSO’s counsel, Plaintiffs’ counsel, and counsel for the Fraternal Order of Police may be present during all DOJ compliance visits, with the exception of any detainee interviews, if applicable. DOJ may issue a written report 45 days after the end of the initial compliance visit and subsequent compliance visits. All written reports shall include findings of substantial compliance or non-compliance with respect to each provision of this Agreement. When appropriate, DOJ will provide FCSO with recommendations and technical assistance that may help it meet the substantive requirements of this Agreement.
52. If DOJ determines that FCSO is not in substantial compliance with the provisions of this Agreement, DOJ shall so state in its written report and provide the factual basis for the findings, including, as appropriate: the identities of FCSO deputies involved; dates and times of incidents; and a summary specifying the documents and records DOJ reviewed and the interviews DOJ conducted that support DOJ’s determination.
53. If DOJ determines that FCSO is in substantial compliance with all provisions of this Agreement, DOJ shall so state and provide the factual basis for the findings, including a summary specifying the documents and records DOJ reviewed and the interviews DOJ conducted that support DOJ’s determination.
54. Prior to any compliance visit, DOJ shall provide 10 days written notice to FCSO. Within seven days in advance of the visit, DOJ shall identify any law enforcement consultants who will participate in the visit.
55. DOJ and its law enforcement consultants shall have full and complete access to FCSO policies, training materials and courses, FCSO records regarding CED use, and FCSO employees, pursuant to paragraph 8, upon reasonable notice to FCSO, pursuant to paragraph 51 above, for the purpose of ascertaining complian...
AND COMPLIANCE. 39. Substantial compliance with this Agreement will be based on the entirety of the Agreement.
40. This Agreement shall be binding on all successors, assignees, employees, of MCSO, subject to DOJ's understanding that the Sheriff may have limited ability to compel volunteers, posse members and employees to comply with any of the DOJ's requests arising under this Agreement.
41. In the event any provision of this Agreement is declared invalid for any reason by a court of competent jurisdiction, said finding shall not affect the remaining provisions of this Agreement.
42. Each party to this Agreement shall bear the cost of their fees and expenses incurred in connection with this Agreement and any litigation directly related to this action (United States v. Maricopa County, et al., No. 2:10-cv-01878).
43. DOJ shall notify MCSO of any material instance(s) in which it maintains that MCSO is not in substantial compliance with this agreement and has failed to carry out the requirements of this Agreement by providing a written Notice of Non-Compliance.
44. In the event that DOJ provides MCSO with a Notice of Non-Compliance, MCSO agrees to reasonably attempt to resolve the issues set forth by DOJ in its Notice Of Non-Compliance within 15 days following its receipt of a Notice Of Non- Compliance.
45. If the parties cannot reach an agreement within the 15 calendar days following the receipt of a Notice of Non-Compliance, the parties agree to enter into mediation under the direction of a magistrate judge or any other neutral party appointed by the Court and to engage in good faith negotiations with such a mediator to resolve such differences promptly and effectively. These negotiations will last for a maximum of 10 business days from their inception.
46. If DOJ and MCSO fail to reach an agreement at the conclusion of mediation, DOJ is not limited in any fashion in pursuing its law enforcement obligations, including having this case restored to the Court’s active docket and seeking enforcement of the Agreement by the Court, or seeking rulings on the parties' cross motions for summary judgment, or pursuing any further motions or remedies under federal and/or state laws. Similarly, if an agreement is not reached at the conclusion of mediation,
AND COMPLIANCE. Tenant shall permit Landlord and its authorized representatives to enter the Leased Premises in the presence of Tenant's on-site manager at all reasonable times upon twenty-four (24) hours ' prior notice to Tenant except in the event of an emergency, in which event Landlord shall use good faith efforts to give reasonable notice under the circumstances for the purpose of:
AND COMPLIANCE. The CONTRACTOR will comply with all federal, state, local laws and ordinances applicable to the work and will not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work.
AND COMPLIANCE. Unless exempt under the rules and regulations of the Secretary of Labor or other proper authority, this Agreement is subject to applicable laws and executive orders relating to equal opportunity and nondiscrimination in employment. The parties hereto shall not discriminate in their employment practices against any person by reason of race, religion, color, age, sex or national origin and agree to comply with the provisions of such laws and orders, as well as all laws and orders relating to the employment of the handicapped, the employment of veterans, the use of women's and minority business enterprises, and other laws and orders applicable in the performance of Services or furnishing of Materiel hereunder. Supplier agrees to comply with laws and orders listed in Exhibit D, entitled "Nondiscrimination and Compliance Agreement," attached hereto, as applicable, and as hereinafter amended.
