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 adequate; (2) an award of reasonable attorneys’ fees and costs incurred; 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, 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. 42. 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.
Appears in 1 contract
Samples: Settlement Agreement
AND ENFORCEMENT. 36. The United States may review compliance with this Agreement at any time. PHH XXX 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 adequate; (2) an award of reasonable attorneys’ fees and costs incurred; 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, 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.
42. 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.Agreement.
Appears in 1 contract
Samples: Settlement Agreement
AND ENFORCEMENT. 36. The United States may review compliance with this Agreement at any time. PHH Twin Creek agrees to cooperate with the United States in any review of compliance with this Agreement. Upon reasonable notice, PHH Twin Creek shall permit counsel for the United States to inspect and copy all non- non-privileged records pertinent to this Agreement.
37. 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.
38. Within fourteen (14) days after the deposit of escrow funds as set forth in Paragraph 2621 and the payment to the United States as set forth in Paragraph 29, the Parties shall jointly move sign and file in the Court for dismissal Civil Action a Joint Stipulation of Dismissal of the underlying Civil ActionAction pursuant to Rule 41(a)(1), subject to reinstatement as set forth in Paragraph 3839.
3839. Should PHH Twin Creek 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 present Civil Action to the active docket of this Court for purposes of resolving any such claim of breach. In If the event such United States makes a claim of breach is made by the United Statesbreach, PHH Twin Creek consents to and agrees not to contest the United States’ motion to restore the present Civil Action to the Court's ’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 JerseyNebraska. 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 This Court shall serve as the exclusive jurisdiction and venue for any dispute concerning this Agreement. PHH Defendant consents to and agrees not to contest the exercise of personal jurisdiction over PHH Defendant by the United States District Court for the District of New Jerseythis Court. The Parties further acknowledge that venue in the District of New Jersey this Court 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 moves to reinstate the Civil Action as contemplated by the above Paragraph 38, above39, or commences any other civil action is commenced to remedy breach of this Settlement 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 adequate; (2) an award of reasonable attorneys’ fees and costs incurredincurred 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, Defendant Twin Creek 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.
4241. 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.
Appears in 1 contract
Samples: Settlement Agreement
AND ENFORCEMENT. 36. The United States may review compliance with this Agreement at any time. PHH Twin Creek agrees to cooperate with the United States in any review of compliance with this Agreement. Upon reasonable notice, PHH Twin Creek shall permit counsel for the United States to inspect and copy all non- non-privileged records pertinent to this Agreement.
37. 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.
38. Within fourteen (14) days after the deposit of escrow funds as set forth in Paragraph 2621 and the payment to the United States as set forth in Paragraph 29, the Parties shall jointly move sign and file in the Court for dismissal Civil Action a Joint Stipulation of Dismissal of the underlying Civil ActionAction pursuant to Rule 41(a)(1), subject to reinstatement as set forth in Paragraph 3839.
3839. Should PHH Twin Creek 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 present Civil Action to the active docket of this Court for purposes of resolving any such claim of breach. In If the event such United States makes a claim of breach is made by the United Statesbreach, PHH Twin Creek consents to and agrees not to contest the United States’ motion to restore the present Civil Action to the Court's ’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 JerseyNebraska. 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 This Court shall serve as the exclusive jurisdiction and venue for any dispute concerning this Agreement. PHH Defendant consents to and agrees not to contest the exercise of personal jurisdiction over PHH Defendant by the United States District Court for the District of New Jerseythis Court. The Parties further acknowledge that venue in the District of New Jersey this Court 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.basis.
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 moves to reinstate the Civil Action as contemplated by the above Paragraph 38, above39, or commences any other civil action is commenced to remedy breach of this Settlement 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 adequate; (2) an award of reasonable attorneys’ fees and costs incurredincurred 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, Defendant Twin Creek 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.
4241. 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.
Appears in 1 contract
Samples: Settlement Agreement
AND ENFORCEMENT. 36. The United States may review compliance with this Agreement at any time. PHH XXX 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 adequate; (2) an award of reasonable attorneys’ fees and costs incurred; 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, 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.
42. 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.
Appears in 1 contract
Samples: Settlement Agreement
