Common use of AND ENFORCEMENT Clause in Contracts

AND ENFORCEMENT. If at any time SDA 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 SDA 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 SDA 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 SDA, 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. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the SDA 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 SDA 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 enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the SDA's continuing responsibility to comply with all aspects of the ADA. This Agreement will remain in effect for three years. The person signing for the SDA represents that he or she is authorized to bind the SDA to this Agreement. The effective date of this Agreement is the date of the last signature below. For the State Department on Aging: Commissioner, State Aging Department on Aging By: _____________________________ Title The Connecticut State Department on Aging Address Date: For the United States: XXXXXXX X. XXXX UNITED STATES ATTORNEY DISTRICT OF CONNECTICUT By: /s/ Xxxxx X. Xxxxx XXXXX X. XXXXX ASSISTANT UNITED STATES ATTORNEY DISTRICT OF CONNECTICUT United States Attorney's Office 000 Xxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxx, XX 00000 (000) 000-0000 Date: 12/22/15

Appears in 1 contract

Samples: adsd.nv.gov

AutoNDA by SimpleDocs

AND ENFORCEMENT. If at any time SDA 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 SDA 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 SDA 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 SDAthe 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 IIII and section 504 of the Rehabilitation Act. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the SDA 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 ’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 SDA 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 enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the SDA's County’s continuing responsibility to comply with all aspects of the ADAADA and section 504 of the Rehabilitation Act. This Agreement will remain in effect for three years(3) years or until the parties agree that all actions required by the Agreement have been completed, whichever is later. The person signing for the SDA County represents that he or she is authorized to bind the SDA County to this Agreement. The effective date of this Agreement is the date of the last signature below. For the State Department on AgingCounty: Commissioner, State Aging Department on Aging By: ____________________________ Date: ___________________________ Title The Connecticut State Department on Aging Address Date: For the United States: XXXXXX X. XXXXX Assistant Attorney General for Civil Rights XXX XXXX Senior Counselor to the Assistant Attorney General XXXXXXX X. XXXX UNITED STATES ATTORNEY DISTRICT OF CONNECTICUT XXXXX, Acting Chief XXXXXXXX X. XXXXX, Special Litigation Counsel XXX XXXXXXX, Special Counsel By: /s/ :_____________________________ Xxxxxxxx X. XxXxxxxxx, Supervisory Attorney By:_____________________________ Margaux Price, Investigator Xxxxx X. Xxxxx XXXXX X. XXXXX ASSISTANT UNITED STATES ATTORNEY DISTRICT OF CONNECTICUT United States Attorney's Office Xxx, Architect Disability Rights Section - NYA Civil Rights Division U.S. Department of Justice 000 Xxxxxx Xxxxxxxxxxxx Xxxxxx, 00xx Xxxxx Xxx XxxxxX.X. Washington, XX DC 00000 (000) 000-0000 (000) 000-0000 (fax) Date: 12/22/157-24-2012 Project Civic Access | ADA Home Page

Appears in 1 contract

Samples: Settlement Agreement

AND ENFORCEMENT. If at any time SDA 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. The Department may review compliance with this Agreement at any time. If the Department believes that SDA 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 SDA 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 SDAraised, 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 IIII and section 504 of the Rehabilitation Act. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the SDA 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. 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 SDA City 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), or the 2005 Agreement, including its Attachments, will be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the SDA's City’s continuing responsibility to comply with all aspects of the ADAADA and section 504 of the Rehabilitation Act. All materials sent to the United States pursuant to this Agreement shall be sent to the following address by common carrier Federal Express, prepaid delivery, or other means agreeable to both parties: Disability Rights Section, Attn: Xxxxx Xxxxx, Investigator, Disability Rights Section, Civil Rights Division, U.S. Department of Justice, 0000 Xxx Xxxx Xxxxxx, X.X., Xxxxxxxxxx, X.X. 00000. The cover letter shall include a subject line referencing DJ# 000-00-00. This Agreement will remain in effect for three years(3) years or until the parties agree that all actions required by the Agreement have been completed, whichever is later. The person signing for the SDA City represents that he or she is authorized to bind the SDA City to this Agreement. The effective date of this Agreement is the date of the last signature below. For the State Department on Aging: Commissioner, State Aging Department on Aging By: _____________________________ Title The Connecticut State Department on Aging Address DateCity: For the United States: XXXXXX X. XXXXX Assistant Attorney General for Civil Rights XXXXXXX X. XXXX UNITED STATES ATTORNEY DISTRICT OF CONNECTICUT XXXXXX, Chief XXXXXXXX X. XXXXX, Acting Special Legal Counsel XXX XXXXXXX, Acting Deputy Chief Disability Rights Section By: /s/ Xxxxx Xxxxxxx XXXXX XXXXXXX, Mayor By:/s/ Xxxxxxxx X. XxXxxxxxx XXXXXXXX X. XxXXXXXXX, Supervisory Attorney Disability Rights Section By: /s/ Xxxxxxx Xxxxxxx XXXXXXX XXXXXXX City Council President Approved as to form and correctness: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx, City Solicitor By: /s/ Xxxxx Xxxxx Xxxxx XXXXX X. XXXXX ASSISTANT UNITED STATES ATTORNEY DISTRICT OF CONNECTICUT United States Attorney's Office 000 Xxxxxx XXXXX, Investigator XXXXX XXX, Architect Disability Rights Section - NYA Civil Rights Division U.S. Department of Justice 00 Xxxxxxxxxxxx Xxxxxx, 00xx Xxxxx Xxx XxxxxX.X. Washington, XX DC 00000 (000) 000-0000 (000) 000-0000 (fax) Date: 12/22/153/8/12 Date: 10-4-12 Project Civic Access | ADA Home Page

Appears in 1 contract

Samples: Settlement Agreement

AND ENFORCEMENT. If at any time SDA 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 SDA 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 SDA 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 SDAthe 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 IIII and section 504 of the Rehabilitation Act. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the SDA 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 SDA 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 enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the SDA's continuing County´scontinuing responsibility to comply with all aspects of the ADAADA and section 504 of the Rehabilitation Act. This Agreement will remain in effect for three yearsyears or until the parties agree that all actions required by the Agreement have been completed, whichever is later. The person signing for the SDA County represents that he or she is authorized to bind the SDA County to this Agreement. The effective date of this Agreement is the date of the last signature below. For the State Department on AgingCounty: Commissioner, State Aging Department on Aging By: ____________________________ Date: ___________________________ Title The Connecticut State Department on Aging Address Date: For the United States: XXXXXX X. XXXXX Assistant Attorney General for Civil Rights By:_____________________________ XXXX X. XXXXXXX, Chief XXXXXXX X. XXXX UNITED STATES ATTORNEY DISTRICT OF CONNECTICUT XXXXXX, Deputy Chief XXX XXXXXXX, Special Counsel XXXXXXXX X. XXXXXXXXX, Supervisory Attorney By: /s/ Xxxxx X. Xxxxx :_____________________________ XXXXXX XXXXXX, Contractor-Investigator XXXXX X. XXXXX ASSISTANT UNITED STATES ATTORNEY DISTRICT OF CONNECTICUT United States Attorney's Office XXX, Architect Disability Rights Section - NYA Civil Rights Division U.S. Department of Justice 000 Xxxxxx Xxxxxxxxxxxx Xxxxxx, 00xx Xxxxx Xxx XxxxxX.X. Washington, XX DC 00000 (000) 000-0000 (000) 000-0000 (fax) Date: 12/22/1507/20/2010 Project Civic Access | ADA Home Page July 19, 2010

Appears in 1 contract

Samples: Settlement Agreement

AND ENFORCEMENT. If at any time SDA 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 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 SDA 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 SDA 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 SDAthe 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 IIII and section 504 of the Rehabilitation Act. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the SDA 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. 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 about it or in it will can be made available to the public or any person by the SDA City or the Department on requestDepartment. 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 enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the SDA's City´s continuing responsibility to comply with all aspects of the ADAADA and section 504 of the Rehabilitation Act. This Agreement will remain in effect for three yearsyears or until the parties agree that all actions required by the Agreement have been completed, whichever is later. The person signing for the SDA City represents that he or she is authorized to bind the SDA City to this Agreement. The effective date of this Agreement is the date of the last signature below. For the State Department on Aging: CommissionerCity of Sierra Vista, State Aging Department on Aging By: _____________________________ Title The Connecticut State Department on Aging Address DateArizona: For the United States: XXXX X. XXXXXXXX United States Attorney District of Arizona By:/s/ Xxxxxxx X. Xxxxxxx XXXXXXX X. XXXX UNITED STATES ATTORNEY DISTRICT OF CONNECTICUT By: /s/ XXXXXXX City Manager Date:11/19/12 By:/s/Xxxxx X. Xxxxx Xxxxxx XXXXX X. XXXXX ASSISTANT UNITED STATES ATTORNEY DISTRICT OF CONNECTICUT XXXXXX Assistant United States Attorney's Office 000 Xxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxx, XX 00000 (000) 000-0000 Date: 12/22/15Attorney District of Arizona Date:12/12/12 Project Civic Access | ADA Home Page

Appears in 1 contract

Samples: Settlement Agreement

AND ENFORCEMENT. If at any time SDA 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 SDA 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 SDA 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 SDAthe 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 IIII and section 504 of the Rehabilitation Act. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the SDA 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 ’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 SDA 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 enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the SDA's County’s continuing responsibility to comply with all aspects of the ADAADA and section 504 of the Rehabilitation Act. This Agreement will remain in effect for three years(3) years or until the parties agree that all actions required by the Agreement have been completed, whichever is later. The person signing for the SDA County represents that he or she is authorized to bind the SDA County to this Agreement. The effective date of this Agreement is the date of the last signature below. For the State Department on Aging: Commissioner, State Aging Department on Aging By: _____________________________ Title The Connecticut State Department on Aging Address Date: For the United States: XXXXXXX X. XXXX UNITED STATES ATTORNEY DISTRICT OF CONNECTICUT By: /s/ Xxxxx X. Xxxxx XXXXX X. XXXXX ASSISTANT UNITED STATES ATTORNEY DISTRICT OF CONNECTICUT United States Attorney's Office 000 Xxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxx, XX 00000 (000) 000-0000 Date: 12/22/15County:

Appears in 1 contract

Samples: Settlement Agreement

AND ENFORCEMENT. Except as otherwise specified in this Agreement, at yearly anniversaries of the effective date of this Agreement until it expires, the City will submit written reports to the Department summarizing the actions the City has taken pursuant to this Agreement. Reports will include detailed photographs showing measurements, architectural plans, work orders, notices published in the newspaper, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations or equipment. If at any time SDA 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 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 SDA 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 SDA 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 SDAthe 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. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the SDA 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. 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 SDA City 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)Agreement, will be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the SDACity's continuing responsibility to comply with all aspects of the ADAADA and section 504 of the Rehabilitation Act. This Agreement will remain in effect for three yearsfour years from the effective date of this Agreement. The person signing for the SDA City represents that he or she is authorized to bind the SDA City to this Agreement. The effective date of this Agreement is the date of the last signature below. For the State Department on Aging: CommissionerCity of New Orleans, State Aging Department on Aging By: _____________________________ Title The Connecticut State Department on Aging Address DateLouisiana: For the United States: XXXXXXX X. XXXX UNITED STATES ATTORNEY DISTRICT OF CONNECTICUT By: /s/ Xxxxx X. Xxxxx XXXXX X. XXXXX ASSISTANT UNITED STATES ATTORNEY DISTRICT OF CONNECTICUT United States Attorney's Office 000 Xxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxx, XX 00000 (000) 000-0000 Date: 12/22/15:

Appears in 1 contract

Samples: Settlement Agreement

AutoNDA by SimpleDocs

AND ENFORCEMENT. If at any time SDA desires to modify any portion of this This Agreement because of changed conditions making performance impossible or impractical or shall remain in effect for any other reason, it will promptly notify three (3) years from the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance effective date of the proposed modificationAgreement. Until there is written Agreement by the Department to the proposed modificationLSP shall ensure that all relevant current and future staff, the proposed modification will not take effect. These actions must receive the prior written approval of the Departmentincluding contractors, 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 SDA 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 SDA in writing understand 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 SDA, it may institute a civil action in federal district court to enforce implement the terms of this Agreement. This Agreement is binding on all successors, assignees, employees, agents (including contractors) and all those working for or on behalf of LSP. LSP shall implement all reforms necessary to effectuate the terms of this Agreement and shall revise any policy, procedure, or practice, as necessary, to effectuate the terms of this Agreement. LSP agrees that it shall not retaliate against any person that filed or may initiate appropriate steps file a complaint, provided information or assistance, or participated in any other manner in an investigation or proceeding relating to enforce title IIthis Agreement. For purposes LSP shall maintain sufficient records to document its compliance with all of the immediately preceding paragraphrequirements of this Agreement. During the period of this Agreement, it LSP shall maintain any and all records required by or developed under this Agreement. It is a violation of this Agreement for the SDA LSP to fail to comply in a timely manner with any of its the requirements without obtaining sufficient advance written agreement with the Department for an extension of the relevant time frame imposed by the this Agreement. Failure by the Department United States to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein will of this Agreement is not be construed as a waiver of the Department's United States' right to enforce other deadlines and provisions any provision of this Agreement. This Agreement is a public document. A copy If LSP fails to implement the terms of this document or Agreement, the United States reserves the right to institute a civil action to enforce this Agreement and the ADA and obtain remedies for the violations. Each party will bear the costs of any information contained in it will be made available to any person by the SDA or the Department on requestattorney fees associated with this matter. This Agreement constitutes (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 or agents of either party, that is not contained in this written Agreement (including its Attachments, which are hereby incorporated by reference), will be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the SDA's relieve LSP of its continuing responsibility obligation to comply with all aspects of the ADA. This Agreement does not address, remedy or preclude a remedy in the ongoing case, Xxxxx x. Xxxx, No. 3:15-cv-00318 (M.D. La. Filed May 20, 2015), and the remedial actions listed in Attachment A of this Agreement do not impact any potential ADA violations identified at LSP facilities in that ongoing litigation. Each of the parties to this Agreement shall bear its own costs and expenses associated with, or arising from, its performance of obligations under this Agreement. The parties may jointly agree, in writing, to modify the terms of this Agreement. If LSP cannot meet the agreed upon deadlines in this Agreement because of a state budget shortfall, it will remain promptly notify the United States in writing, setting forth the facts and circumstances of the legislative budget shortfall, the impact of the shortfall, and the proposed new deadlines for completion of the identified remedial actions. The proposed modification will not take effect until the United States agrees to the proposed modification. The United States will not unreasonably withhold or delay approval. No person or entity is intended to be a third-party beneficiary of the provisions of this Agreement for three yearspurposes of any civil, criminal, or administrative action or proceeding. Accordingly, no person or entity may assert any claim or right as a beneficiary or protected class member under this Agreement. This Agreement is not intended to expand the right of any person or entity who seeks relief against LSP or the Louisiana Department of Public Safety and Corrections, its officials or employees. This Agreement may not be used as evidence of liability in any proceeding. The person signing for the SDA LSP represents that he or she is authorized to bind the SDA LSP to this Agreement. The effective date AGREED AND CONSENTED TO: For Louisiana State Penitentiary /s/ Xxxxx X. Xxxxxxx XXXXX X. XXXXXXX Secretary, Department of this Agreement is the date of the last signature below. For the Public Safety and Corrections 000 Xxxxxxxxx Xxxxxx Xxxxx Xxxxx, Xxxxxxxxx 00000 /s/ Xxxxxx Xxxxxx XXXXXX XXXXXX Xxxxxx, Louisiana State Department on AgingPenitentiary 00000 Xxxxxx Xxxxx Xxxxxx, Xxxxxxxxx 00000 Dated: Commissioner, State Aging Department on Aging By: _____________________________ Title The Connecticut State Department on Aging Address Date: 11/14/17 For the United States: XXXXXXX X. XXXX UNITED STATES ATTORNEY DISTRICT OF CONNECTICUT By: /s/ Xxxxx X. Xxxxx XXXXX X. XXXXX ASSISTANT UNITED STATES ATTORNEY DISTRICT OF CONNECTICUT XXXXXXXX United States Attorney Xxxxxxx X. Xxxx Federal Courthouse U.S. Attorney's Office 000 Xxxxxx Xxxxxxx Xxxxxx, 00xx Xxxxx Xxx 000 Xxxxx Xxxxx, XX 00000 (000) 000-0000 Date: 12/22/1500000

Appears in 1 contract

Samples: Settlement Agreement

AND ENFORCEMENT. 31. Except as otherwise specified in this Agreement, within eighteen months of the effective date of this Agreement, the City will submit a written report to the Department summarizing the actions the City has taken pursuant to this Agreement. The report will include photographs, architectural plans, notices published in city publications, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations, if necessary. 32. If at any time SDA 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 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 shall not be unreasonably withheld or delayed. 33. The Department may review compliance with this Agreement at any time. If the Department believes that SDA 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 or any portion of the relevant termsit has been violated, the Department it will so notify the SDA 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 SDAthe City, it may institute a civil action in federal district court directly to enforce title II or to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce title II. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the SDA 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 Agreement34. Failure by the Department to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein will shall not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement. 35. In the event that the City fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department as a temporary modification of the relevant terms of this Agreement, the Department may file suit in an appropriate federal court to enforce the terms of the Agreement, may declare the Agreement null and void and file suit to enforce title II of the ADA, or may initiate steps to enforce Section 504 of the Rehabilitation Act. 36. This Agreement is a public document. A copy of this document or any information contained in it will may be made available to any person by the SDA City or the Department on request. 37. The effective date of this Agreement is the date of the last signature below. 38. 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 AttachmentsAgreement, which are hereby incorporated by reference), will shall be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal Federal law. This Agreement does not affect the SDACity's continuing responsibility to comply with all aspects of the ADA. 39. This Agreement will remain in effect for three yearstwenty four months from the effective date of this Agreement, or until the parties agree that full compliance with this Agreement by the City has been achieved. 40. The person signing for the SDA City of Pella represents that he or she is authorized to bind the SDA City to this Agreement. The effective date of this Agreement is the date of the last signature below. For the State Department on AgingUnited States: Commissioner, State Aging Department on Aging XXXX XXXX XXX Acting Assistant Attorney General for Civil Rights By: __________________________ XXXX X. XXXXXXX, Chief X. XXXXX XXXXX, Deputy Chief XXXXX X. XXXXXX, Supervisory Attorney XXXXXX XXXXXXX, Investigator Disability Rights Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 Date: __________________________ Title The Connecticut State Department on Aging Address For the City of Pella: __________________________ XXXXXXXX XXXXXXX Mayor Date: For the United States: XXXXXXX X. XXXX UNITED STATES ATTORNEY DISTRICT OF CONNECTICUT By: /s/ Xxxxx X. Xxxxx XXXXX X. XXXXX ASSISTANT UNITED STATES ATTORNEY DISTRICT OF CONNECTICUT United States Attorney's Office 000 Xxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxx, XX 00000 (000) 000-0000 Date: 12/22/15__________________________

Appears in 1 contract

Samples: Settlement Agreement

AND ENFORCEMENT. If at any time SDA 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 SDA 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 SDA 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 SDAthe 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 IIII and section 504 of the Rehabilitation Act. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the SDA 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 SDA 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 enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the SDA's County´s continuing responsibility to comply with all aspects of the ADAADA and section 504 of the Rehabilitation Act. This Agreement will remain in effect for three yearsyears or until the parties agree that all actions required by the Agreement have been completed, whichever is later. The person signing for the SDA County represents that he or she is authorized to bind the SDA County to this Agreement. The effective date of this Agreement is the date of the last signature below. For the State Department on AgingCounty: Commissioner, State Aging Department on Aging By: ____________________________ XXXXX X. XXXXX Chairman, Board of Commissioners Attested:________________________ Title The Connecticut State Department on Aging Address XXXXXX X. XXXXXXXX Xxxxx, Board of Commissioners Date: ___________________________ For the United States: XXXXXX X. XXXXX Assistant Attorney General for Civil Rights XXXXXX X. XXXXXXXXX Principal Deputy Assistant Attorney General Civil Rights Division XXXX X. XXXXXXX, Chief XXXXXXX X. XXXX UNITED STATES ATTORNEY DISTRICT OF CONNECTICUT XXXXXX, Deputy Chief XXX XXXXXXX, Special Counsel By: /s/ Xxxxx X. Xxxxx :_____________________________ XXXXX X. XXXXX ASSISTANT UNITED STATES ATTORNEY DISTRICT OF CONNECTICUT United States Attorney's Office XXXXXX, Supervisory Attorney By:_____________________________ XXXXXXX XXX, Investigator Disability Rights Section - NYA Civil Rights Division U.S. Department of Justice 000 Xxxxxx Xxxxxxxxxxxx Xxxxxx, 00xx Xxxxx Xxx XxxxxX.X. Washington, XX DC 00000 (000) 000-0000 (000) 000-0000 (fax) Date: 12/22/1507/20/2010 Project Civic Access | ADA Home Page

Appears in 1 contract

Samples: Settlement Agreement

Time is Money Join Law Insider Premium to draft better contracts faster.