Common use of AND ENFORCEMENT Clause in Contracts

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 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, without regard to whether monetary relief would be adequate. 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 the Civil Action is reinstated or any other such civil action is filed, the Defendant expressly agrees not to count the time during which this Agreement is in place, or use the terms or existence of this Agreement, to plead, argue or otherwise raise any defenses under theories of claim preclusion, issue preclusion, statute of limitations, estoppel, laches, or similar defenses. The Parties agree that the making of this Agreement shall not affect any cause of action or related claim or remedy asserted by an individual servicemember or co-borrower that expired prior to March 20, 2015. 38. Failure by the United States to enforce any provision of this Agreement shall not operate as a waiver of the United States’ right or ability to enforce any other provision of this Agreement.

AND ENFORCEMENT. 3428. The United States may review compliance with this Agreement at any time. The Defendant agrees take steps to cooperate with monitor the United States in any review of Defendants’ compliance with this Agreement. Upon reasonable notice, including, but not limited to, conducting fair housing tests related to the Defendant shall permit counsel for the United States to inspect CLTC’s activities and copy all non-privileged records pertinent to implementation of this Agreement, as per the Civil Rights Division Fair Housing Testing Program. 3529. 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 any Defendant has been a failure by the Defendant failed to perform in a timely manner any act required by this Agreement, or has otherwise to act not acted in conformance with any provision thereof, whether intentionally or not, the United States will notify the Defendant Defendants in writing of its concerns and the Parties will attempt to resolve those concerns in good faithconcerns. The Defendant shall Defendant(s) alleged to have fifteen breached the Agreement will have thirty (1530) days from the date of notification to resolve the issue raised by the United States provides notification of any breach of this Agreement to cure the breachParties’ mutual satisfaction. 3630. If the Parties are unable to reach a resolution within 15 thirty (30) days, either Party may, until the United States may seek appropriate relief from the Court prior to dismissal of the Civil Action is dismissedor, seek appropriate relief before the Court in the Civil Action. If 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 dismissed pursuant 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. AlternativelyParagraph 34, the United States may bring a civil file an action for breach of this Agreement Agreement, or any provision thereof, in the United States District Court for the Northern District of TexasGuam. The United States may in such In any action seek to have filed under this Paragraph, 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 exercise of personal jurisdiction over the Parties by the District Court of this Court. The Parties further acknowledge that venue in this Court is appropriate Guam, and agree not to raise any challenge on this basiscontest that the proper and appropriate venue is the District Court of Guam. 3731. In the event the any action or proceeding brought by United States reinstates the Civil Action as contemplated by Paragraph 36, or any other civil action is commenced to remedy breach of enforce this Agreement, the United States may seek, in addition to any remedy available under law or equityand the Court may grant as relief, the following: (1) an injunction order mandating specific performance of any term or provision in this Agreement, without regard to whether monetary relief would be adequate; and (2) any additional relief that may be authorized by law or equity. The United States may also seek from the Court an award of reasonable attorneys’ fees and costs incurred in bringing an In any such action to remedy breach of this Agreement. If the Civil Action is reinstated or any other such civil action is filedproceeding, the Defendant expressly agrees Defendants agree not to count the time during which this Agreement is in place, or use the terms or existence of this Agreement, to plead, argue or otherwise raise any defenses under theories of claim preclusionstatute of limitations, issue preclusionestoppel, laches, or similar defenses. 32. In the event that the United States withdraws consent to this Agreement and seeks to revive its claims for alleged violations of the Fair Housing Act, which would be for the sole reason of Defendants’ failure to obtain enactment of legislative changes within one year as contemplated by Paragraph 20, the Defendants agree not to count the time during which the Civil Action was pending or this Agreement is in place, or use the terms or existence of this Agreement, to plead, argue or otherwise raise any defenses under theories of statute of limitations, estoppel, laches, or similar defenses. The Parties In such an event, Defendants also agree that not to use the making Court’s dismissal of this Agreement shall not affect the Civil Action pursuant to Paragraph 34 to plead, argue, or otherwise raise any cause defenses under a theory of action or related claim or remedy asserted by an individual servicemember or co-borrower that expired prior to March 20, 2015issue preclusion. 3833. Failure by the United States to enforce any provision of this Agreement shall not operate as a waiver of the United States’ right or ability to enforce any other provision of this Agreement. 34. Within twenty-five (25) days after the effective date of this Agreement, the parties shall jointly move the Court for dismissal with prejudice of the Civil Action, except that the parties shall agree that the Court will retain jurisdiction to consider the United States’ unopposed motion for vacatur.

AND ENFORCEMENT. 3436. The United States may review compliance with this Agreement at any time. The Defendant UC agrees to cooperate with the United States in any review of compliance with this Agreement. Upon reasonable notice, the Defendant UC shall permit counsel for the United States to inspect and copy all non-non- privileged records pertinent to this Agreement. 3537. The Parties shall endeavor in good faith to resolve informally any differences regarding interpretation of of, or compliance with with, this Agreement prior to initiating any court action. 38. If Within fourteen (14) days after the deposit of escrow funds as set forth in Paragraph 21 and the payment to the United States believes that there has been a failure by the Defendant to perform as set forth in a timely manner any act required by this AgreementParagraph 29, or otherwise to act in conformance with any provision thereof, whether intentionally or notwhichever occurs later, the United States will notify the Defendant Parties shall sign and file 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 a Joint Stipulation of Dismissal of the Civil Action has been dismissedpursuant to Rule 41(a)(1), subject to reinstatement as set forth in Paragraph 39. 39. Should UC materially breach any provision of this Agreement, the Parties agree that upon any such claim of breach as made by either Party, the aggrieved Party United States may move to restore the present Civil Action to the active docket of this Court for purposes of resolution of resolving any such claim of breach. In If the event of such United States makes a claim of breach as made by the aggrieved Partybreach, the opposing Party UC consents to and agrees not to contest the aggrieved Party’s United States’ motion to restore the present Civil Action to the Court's active docketdocket and UC may assert all available defenses and counterclaims thereto. 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 TexasNew Jersey. The United States may in such action seek to have the Court impose any remedy authorized at law or equityequity and UC may assert all available defenses or counterclaims thereto. This Court shall serve as the exclusive jurisdiction and venue for any dispute concerning this Agreement. The Parties consent Defendant consents to and agree agrees not to contest the exercise of personal jurisdiction of over Defendant by this Court. The Parties further acknowledge that venue in this Court is appropriate and agree not to raise any challenge on this basis. 3740. In the event the United States reinstates the Civil Action as contemplated by the above Paragraph 3639, or any other civil action is commenced to remedy breach of this Settlement Agreement, the United States may seek, in addition to any remedy available under law or equity, seek the following: (1) an injunction order mandating specific performance of any term or provision in this Agreement, without regard to whether monetary relief would be adequate. The United States may also seek from the Court ; (2) an award of reasonable attorneys’ fees and costs incurred in bringing an action to remedy breach of this Agreement; and (3) any additional relief that may be authorized by law or equity. If the Civil Action is reinstated or any other such civil action is filed, the Defendant UC expressly agrees not to count the time during which this Agreement is in place, or use the terms or existence of this Agreement, to plead, argue or otherwise raise any defenses under theories of claim preclusion, issue preclusion, statute of limitations, estoppel, laches, or similar defenses. The Parties agree that the making Defenses of this Agreement full, material, or partial performance, and related defenses or objections shall not affect any cause of action or related claim or remedy asserted by an individual servicemember or co-borrower that expired prior to March 20, 2015be precluded. 3841. Failure by the United States to enforce any provision of this Agreement shall not operate as a waiver of the United States’ right or ability to enforce any other provision of this Agreement.

AND ENFORCEMENT. 3448. The United States may review compliance with this Agreement at any time. The Defendant NMAC agrees to cooperate with the United States in any reasonable review of compliance with this Agreement. Upon reasonable notice, the Defendant NMAC shall permit counsel for the United States to inspect and copy all non-privileged records pertinent to this Agreement. 3549. Within fourteen (14) days after the deposit of escrow funds as set forth in Paragraph 22 or the payment to the United States as set forth in Paragraph 41, whichever is later, the Parties shall jointly move the Court for dismissal of the underlying Civil Action, subject to reinstatement as set forth in Paragraph 50. 50. The Parties agree that upon any claim of breach 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 such claim. In the event such a claim of breach is made by the United States, NMAC 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 Middle District of Tennessee. The United States may in such action seek to have the Court impose any remedy authorized at law or equity. The Middle District of Tennessee shall endeavor serve as the exclusive jurisdiction and venue for any dispute concerning this Agreement. NMAC consents to and agrees not to contest the exercise of personal jurisdiction over it by the United States District Court for the Middle District of Tennessee. The Parties further acknowledge that venue in good faith the Middle District of Tennessee is appropriate and agree not to resolve informally raise any differences regarding interpretation of or compliance with challenge on this Agreement prior to initiating any court actionbasis. 51. If the United States believes that there has been a failure by the Defendant NMAC 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 shall, before taking the steps outlined in Paragraph 50, notify the Defendant NMAC in writing of its concerns concerns, and the Parties will attempt to resolve those concerns in good faith. The Defendant NMAC shall have fifteen (15) days from the date the United States provides notification of any breach of this Agreement to cure the breachbreach or to request a meet and confer to resolve any disagreement between the Parties as to the validity of the claimed failure. 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 Agreement52. The Parties consent shall endeavor in good faith to and agree not resolve informally any differences regarding interpretation of, or compliance with, this Agreement prior to contest the jurisdiction of this Court. The Parties further acknowledge that venue in this Court is appropriate and agree not to raise initiating any challenge on this basiscourt action. 3753. In the event the United States reinstates the Civil Action as contemplated by Paragraph 3650, above, or any other civil action is commenced to remedy breach of this Agreement, the United States may seek, in addition to any remedy available under law or equity, seek the following: (1) an injunction order mandating specific performance of any term or provision in this Agreement, without regard to whether monetary relief would be adequate. The United States may also seek from the Court ; (2) an award of reasonable attorneys’ fees and costs incurred in bringing an action to remedy breach of this Agreement; and (3) any additional relief that may be authorized by law or equity. If the Civil Action is reinstated or any other such civil action is filed, the Defendant NMAC expressly agrees not to count the time during which this Agreement is in place, or use the terms or existence of this Agreement, to plead, argue or otherwise raise any defenses under theories of claim preclusion, issue preclusion, statute of limitations, estoppel, laches, or similar defenses. The Parties agree that the making of this Agreement shall not affect any cause of action or related claim or remedy asserted by an individual servicemember or co-borrower that expired prior to March 20, 2015. 3854. Failure by the United States to enforce any provision of this Agreement shall not operate as a waiver of the United States’ right or ability to enforce any other provision of this Agreement.

AND ENFORCEMENT. 3416. The United States may review compliance with this Agreement at any time. The Defendant agrees Shelby County DA’s Office will take all necessary steps to cooperate with effectuate the United States in any review terms of compliance with this Agreement. Upon reasonable notice, the Defendant shall permit counsel It is a violation of this Agreement for the United States Shelby County DA’s Office to inspect and copy all non-privileged records pertinent fail to this timely comply with any of the Agreement’s requirements. 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 action17. If the United States believes that there this Agreement or any of its requirements has been a failure by the Defendant to perform in a timely manner any act required by this Agreementviolated, or otherwise to act in conformance with any provision thereof, whether intentionally or not, the United States it will notify the Defendant Shelby County DA’s Office in writing of its concerns and the Parties will attempt to resolve those concerns the issues in good faith. The Defendant shall have fifteen (15) days from the date If the United States provides notification of any breach of this Agreement to cure and the breach. 36. If Shelby County DA’s Office cannot resolve the Parties are unable to reach a resolution issues raised within 15 30 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 seek enforcement of this Agreement or any provision thereoftake other appropriate action, in including filing a lawsuit against the United States District Court Shelby County DA’s Office for violation of Title II of 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 basisADA. 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 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, without regard to whether monetary relief would be adequate. 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 the Civil Action is reinstated or any other such civil action is filed, the Defendant expressly agrees not to count the time during which this Agreement is in place, or use the terms or existence of this Agreement, to plead, argue or otherwise raise any defenses under theories of claim preclusion, issue preclusion, statute of limitations, estoppel, laches, or similar defenses. The Parties agree that the making of this Agreement shall not affect any cause of action or related claim or remedy asserted by an individual servicemember or co-borrower that expired prior to March 20, 2015. 3818. Failure by the United States to enforce any provision of this Agreement shall not operate be construed as a waiver of the United States’ right or ability to enforce any other provision of this Agreement. 19. This Agreement constitutes the entire agreement between the United States and the Shelby County DA’s Office on this matter. No other statement, promise, or agreement, either written or oral, made by any party or agents of any party, that is not contained in this written Agreement, including its attachments, is enforceable. 20. If any term of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall remain in full force and effect. 21. Any time limits for performance imposed by this Agreement may be extended only by the mutual written consent of the Parties. 22. This Agreement is not intended to remedy any other potential violations of the ADA or any other law that is not specifically addressed in this Agreement. This Agreement does not affect the continuing responsibility of the Shelby County DA’s Office to comply with all aspects of the ADA. 23. This Agreement becomes effective the date it is signed by all the Parties. Unless otherwise specified, all time periods designated for an action run from the effective date. This Agreement will remain in effect for 3 years after the effective date. 24. This Agreement is binding on the Parties and each of its officers, agents, employees, successors, and assignees, and all other persons in active concert or participation with them. 25. The persons signing for the Shelby County DA’s Office and the United States each represent they are authorized to bind the Parties to this Agreement. 26. This Agreement may be executed in counterparts. 27. This Agreement is a public document. A copy of this document must be made available by the Shelby County DA’s Office to any person upon request.

AND ENFORCEMENT. 3418. The During the period in which this Agreement is in effect, the United States may review compliance with this Agreement at any timeAgreement. The Defendant agrees to cooperate with the United States in any review of compliance with this Agreement. Upon reasonable notice, the Defendant shall will permit counsel for the United States to inspect and copy all non-privileged records pertinent to this Agreement. 3519. The Parties shall will endeavor in good faith to resolve informally any differences regarding interpretation of or and 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 and her attorney of record in writing of its concerns and the Parties will attempt to resolve those concerns in good faith. The Defendant shall will have fifteen twenty-one (1521) days from the date the United States provides notification of any breach of this Agreement to cure the breach. 3620. If the Parties are unable to reach a resolution within 15 twenty-one (21) days, either Party may, until the Civil Action is dismissed, United States may seek appropriate relief before from the Court in prior to dismissal of the Civil Action. If the Civil Action United States’ action, or, if this action has been dismissed, move the Parties agree that upon any such claim of breach as made by either Party, the aggrieved Party may move Court to restore the Civil Action this action to the Court’s 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 PartyUnited States, the opposing Party Defendant consents to and agrees not to contest the aggrieved PartyGovernment’s motion to restore the present Civil Action to the Court's active docket. Alternativelydocket without waiving any defenses to the alleged breach, 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 consents to and agree agrees not to contest the exercise of personal jurisdiction of over Defendant by this Court. The Parties further acknowledge that venue in this Court is appropriate and agree not to raise any challenge on this basis. 3721. In the event the United States reinstates the Civil Action as contemplated by Paragraph 3620, or any other civil action is commenced above, to remedy breach of this Agreement, the United States may seek, in addition to any remedy available under law or equity, seek the following: 1) an injunction order mandating specific performance of any term or provision in this Agreement, without regard to whether monetary relief would be adequate. The United States may also seek from the Court ; 2) an award of reasonable attorneys’ fees and costs incurred in bringing an action to remedy breach of this Agreement; and 3) any additional relief that may be authorized by law or equity. If the Civil Action is reinstated or any other such civil action is filedreinstated, the Defendant expressly agrees not to count the time during which this Agreement is in place, or use the terms or existence of this Agreement, to plead, argue or otherwise raise any defenses under theories of claim preclusion, issue preclusion, statute of limitations, estoppel, laches, or similar defenses. The Parties agree that the making of this Agreement shall not affect any cause of action or related claim or remedy asserted by an individual servicemember or co-borrower that expired prior to March 20, 2015. 3822. Failure by the United States to enforce any provision of this Agreement shall will not operate as a waiver of the United States’ right or ability to enforce any other provision of this Agreement.

AND ENFORCEMENT. 34Denver 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 Defendant agrees to Denver will 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 actionStates. If the United States believes that there Denver has been a failure by the Defendant failed to perform in a timely manner any act required by comply with this Agreement, or otherwise to act in conformance with any provision thereof, whether intentionally or not, then the United States will notify the Defendant Denver in writing writing. If, after 30 days 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 providing Denver with written notice of non-compliance, the United States provides notification of any breach of this Agreement determines that Denver has failed 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. Alternativelycome into compliance, the United States may bring institute a civil action for breach in federal district court to enforce the terms of this Agreement or the ADA, and may take any provision thereof, in other appropriate steps to enforce the United States District Court for the Northern District of TexasADA. 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 It is a violation of this Court. The Parties further acknowledge that venue Agreement for Denver to fail to comply in this Court is appropriate and agree not to raise a timely manner with any challenge on this basis. 37. In of the event the United States reinstates the Civil Action as contemplated by Paragraph 36, or any other civil action is commenced to remedy breach requirements 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, without regard to whether monetary relief would be adequate. 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 the Civil Action is reinstated or any other such civil action is filed, the Defendant expressly agrees not to count the time during which this Agreement is in place, or use the terms or existence of this Agreement, to plead, argue or otherwise raise any defenses under theories of claim preclusion, issue preclusion, statute of limitations, estoppel, laches, or similar defenses. The Parties agree that the making of this Agreement shall not affect any cause of action or related claim or remedy asserted by an individual servicemember or co-borrower that expired prior to March 20, 2015. 38. Failure by the United States to enforce any provision of this Agreement shall is not operate as a waiver of the United States’ ' right or ability to enforce any other provision provisions of this Agreement. If any term of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect, provided, however, that if the severance of any such provision materially alters the rights or obligations of the Parties, the Parties shall engage in good faith negotiations in order to adopt mutually agreeable amendments to this Agreement as may be necessary to restore the Parties as closely as possible to the initially agreed upon relative rights and obligations. This Agreement is a public document. Denver 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 except for a separate tolling agreement extension agreed upon by the parties and attached as Attachment P. This Agreement does not remedy any other potential violations of the ADA or other federal law. This Agreement does not relieve Denver of its continuing obligation to comply with all aspects of the ADA. This Agreement will remain in effect for three (3) years from the effective date. The persons signing for Denver represent that they are authorized to bind Denver to this Agreement. The effective date of this Agreement is the date of the last signature below.