AND ENFORCEMENT Sample Clauses

AND ENFORCEMENT. 34. The United States may review compliance with this Agreement at any time. The Defendant agrees to cooperate with the United States in any review of compliance with this Agreement. Upon reasonable notice, the Defendant shall permit counsel for the United States to inspect and copy all non-privileged records pertinent to this Agreement. 35. The Parties shall endeavor in good faith to resolve informally any differences regarding interpretation of or compliance with this Agreement prior to initiating any court action. If the United States believes that there has been a failure by the Defendant to perform in a timely manner any act required by this Agreement, or otherwise to act in conformance with any provision thereof, whether intentionally or not, the United States will notify the Defendant in writing of its concerns and the Parties will attempt to resolve those concerns in good faith. The Defendant shall have fifteen (15) days from the date the United States provides notification of any breach of this Agreement to cure the breach. 36. If the Parties are unable to reach a resolution within 15 days, either Party may, until the Civil Action is dismissed, seek appropriate relief before the Court in the Civil Action. If the Civil Action has been dismissed, the Parties agree that upon any such claim of breach as made by either Party, the aggrieved Party may move to restore the Civil Action to the active docket of this Court for purposes of resolution of any such claim of breach. In the event of such a claim of breach as made by the aggrieved Party, the opposing Party consents to and agrees not to contest the aggrieved Party’s motion to restore the Civil Action to the Court's active docket. Alternatively, the United States may bring a civil action for breach of this Agreement or any provision thereof, in the United States District Court for the Northern District of Texas. The United States may in such action seek to have the Court impose any remedy authorized at law or equity. This Court shall serve as the exclusive jurisdiction and venue for any dispute concerning this Agreement. The Parties consent to and agree not to contest the jurisdiction of this Court. The Parties further acknowledge that venue in this Court is appropriate and agree not to raise any challenge on this basis. 37. In the event the United States reinstates the Civil Action as contemplated by Paragraph 36, or any other civil action is commenced to remedy breach of this Agreement, the United S...

AND ENFORCEMENT. If at any time the City desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written Agreement by the Department to the proposed modification, the proposed modification will not take effect. These actions must receive the prior written approval of the Department, which approval will not be unreasonably withheld or delayed.

AND ENFORCEMENT. If at any time the County desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written Agreement by the Department to the proposed modification, the proposed modification will not take effect. These actions must receive the prior written approval of the Department, which approval will not be unreasonably withheld or delayed.

AND ENFORCEMENT. The Employer shall forward a job notification, which shall include the description of the project, the amount and size of pipe to be installed, and the projected labourers’ hours of work to be performed within each location on the job. to the appropriate International Union Representative designated by the Union for the area involved and a copy for the Local Union(s) having territorial jurisdiction, immediately upon his knowledge of all work to be done by the Employer and all sub-contractors under the terms and conditions of this Agreement. The International Union Representative will designate the Local Union(s) which will have jurisdiction. The job notification form to be used is attached to this Agreement as Addendum A.

AND ENFORCEMENT. If at any time the County desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written Agreement by the Department to the proposed modification, the proposed modification will not take effect. These actions must receive the prior written approval of the Department, which approval will not be unreasonably withheld or delayed. The Department may review compliance with this Agreement at any time. If the Department believes that the County has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department for a modification of the relevant terms, the Department will so notify the County in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the County, it may institute a civil action in federal district court to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce title II and section 504 of the Rehabilitation Act. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County to fail to comply in a timely manner with any of its requirements without obtaining sufficient advance written agreement with the Department for an extension of the relevant time frame imposed by the Agreement. Failure by the Department to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein will not be construed as a waiver of the Department’s right to enforce other deadlines and provisions of this Agreement. This Agreement is a public document. A copy of this document or any information contained in it will be made available to any person by the County or the Department on request. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement (including its Attachments, which are hereby incorporated by reference), will be enforceabl...

AND ENFORCEMENT. The County may seek to modify this Agreement because of changed conditions making performance impossible by notifying the United States in writing, setting forth the modification and the facts to support it. Until the United States agrees to the modification in writing, no modification will take effect. The United States' agreement will not be unreasonably withheld. The United States may review compliance with this Agreement at any time. The County will cooperate with the United States. If the United States believes that the County has failed to comply with this Agreement, then the United States will notify the County in writing. If, after thirty (30) days of providing the County with written notice of non-compliance, the United States determines that the County has failed to come into compliance, the United States may institute a civil action in federal district court to enforce the terms of this Agreement and may take appropriate steps to enforce title II and Section 504. It is a violation of this Agreement for the County to fail to comply in a timely manner with any of the requirements of this Agreement. Failure by the United States to enforce any provision of this Agreement is not a waiver of the United States' right to enforce any provisions of this Agreement. This Agreement is a public document. The County will provide a copy of this Agreement to any person, upon request. This Agreement (including its Attachments) is the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party will be enforceable. This Agreement does not remedy any other potential violations of the ADA or other federal law. This Agreement does not relieve the County of its continuing obligation to comply with all aspects of the ADA and Section 504. This Agreement will remain in effect for three (3) years from the effective date of this Agreement. The person signing for the County represents that he or she is authorized to bind the County to this Agreement. The effective date of this Agreement is the date of the last signature below. For the County: By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Xxxxx & Xxxxx, P.C. Senior Counsel/Director 000 Xxxxx Xxxxxx Xxxxx Xxxxx Suite 600 Waco, TX 76710-6078 Date: _9/30/2015___ For the United States: XXXXXX XXXXX Principal Deputy Attorney General for Civil Rights XXX X. XXXX Deputy Assistant Attorney General XXXXXXX X. XXXX, Chief XXXX XXXXXXXX, Deput...

AND ENFORCEMENT. 36. The United States may review compliance with this Agreement at any time. PHH agrees to cooperate with the United States in any review of compliance with this Agreement. Upon reasonable notice, PHH shall permit counsel for the United States to inspect and copy all non- privileged records pertinent to this Agreement. 37. Within fourteen (14) days after the deposit of escrow funds as set forth in Paragraph 26, the Parties shall jointly move the Court for dismissal of the underlying Civil Action, subject to reinstatement as set forth in Paragraph 38. 38. Should PHH materially breach any provision of this Agreement, the Parties agree that upon any such claim of breach as made by the United States, the United States may move to restore the Civil Action to the active docket of this Court for purposes of resolving any such claim of breach. In the event such a claim of breach is made by the United States, PHH consents to and agrees not to contest the United States’ motion to restore the Civil Action to the Court's active docket. Alternatively, the United States may bring a civil action for breach of this Agreement or any provision thereof, in the United States District Court for the District of New Jersey. The United States may in such action seek to have the Court impose any remedy authorized at law or equity. The District of New Jersey shall serve as the exclusive jurisdiction and venue for any dispute concerning this Agreement. PHH consents to and agrees not to contest the exercise of personal jurisdiction over PHH by the United States District Court for the District of New Jersey. The Parties further acknowledge that venue in the District of New Jersey is appropriate and agree not to raise any challenge on this basis. 39. Before taking the steps outlined in Paragraph 37, the United States shall first provide PHH notice of any breach in writing and shall afford it fifteen (15) days from the date of mailing to cure the default. 40. The Parties shall endeavor in good faith to resolve informally any differences regarding interpretation of, or compliance with, this Agreement prior to initiating any court action. 41. In the event the United States reinstates the Civil Action as contemplated by Paragraph 38, above, or commences any other civil action to remedy breach of this Agreement, the United States may seek the following: (1) an order mandating specific performance of any term or provision in this Agreement, without regard to whether monetary relief would be ...

AND ENFORCEMENT. 118. Implementation. VDOC will implement all reforms necessary to effectuate the terms of this Agreement and will revise any policy, procedure, or practice, as necessary, to effectuate the terms of this Agreement. It is a violation of this Agreement for VDOC to fail to comply in a timely manner with any of the requirements of this Agreement.

AND ENFORCEMENT. 38. The United States may review compliance with this Agreement at any time. BMW FS agrees to cooperate with the United States in any reasonable review of compliance with this Agreement. Upon reasonable notice, BMW FS shall permit counsel for the United States to inspect and copy all non-privileged records pertinent to this Agreement. 39. The Parties shall endeavor in good faith to resolve informally any differences regarding interpretation of, or compliance with, this Agreement prior to initiating any court action. 40. If the United States believes that there has been a failure by BMW FS to perform in a timely manner any act required by this Agreement, or otherwise to act in conformance with any provision thereof, whether intentionally or not, the United States will notify BMW FS in writing of its concerns and the Parties will attempt to resolve those concerns in good faith. BMW FS shall have fifteen (15) days from the date the United States provides notification of any breach of this Agreement to cure the breach or to request a meet and confer to resolve any disagreement between the Parties as to the validity of the claimed failure. 41. If the Parties are unable to reach a resolution within 15 days, the United States may, until the Civil Action is dismissed, seek appropriate relief before the Court in the Civil Action. After the Civil Action is dismissed, the United States may bring a civil action for breach of this Agreement or any provision thereof, in the United States District Court for the District of New Jersey. The United States may in such action seek to have the Court impose any remedy authorized at law or equity. This Court shall serve as the exclusive jurisdiction and venue for any dispute concerning this Agreement. The Parties consent to and agree not to contest the jurisdiction of this Court. The Parties further acknowledge that venue in this Court is appropriate and agree not to raise any challenge on this basis. 42. In the event the United States files a civil action as contemplated by Paragraph 41, above, to remedy breach of this Agreement, the United States may seek, in addition to any remedy available under law or equity, an injunction mandating specific performance of any term or provision in this Agreement. The United States may also seek from the Court an award of reasonable attorneys’ fees and costs incurred in bringing an action to remedy breach of this Agreement. If such a civil action is filed, BMW FS expressly agrees not to coun...

AND ENFORCEMENT. 46. If at any time the City desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written Agreement by the Department to the proposed modification, the proposed modification will not take effect. These actions must receive the prior written approval of the Department, which approval will not be unreasonably withheld or delayed. 47. The Department may review compliance with this Agreement at any time. If the Department believes that the City has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department for a modification of the relevant terms, the Department will so notify the City in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the City, it may institute a civil action in federal district court to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce title II and section 504 of the Rehabilitation Act. 48. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the City to fail to comply in a timely manner with any of its requirements without obtaining sufficient advance written agreement with the Department for an extension of the relevant time frame imposed by the Agreement. 49. Failure by the Department to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein will not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement. 50. This Agreement is a public document. A copy of this document or any information contained in it will be made available to any person by the City or the Department on request. 51. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement (including its Attachments, which are hereby incorporated by reference), will b...