IMPLEMENTATION AND ENFORCEMENT Sample Clauses

IMPLEMENTATION AND ENFORCEMENT. The Parties acknowledge and agree that implementation and operation of the Upper Basin and Lower Basin DCPs consistent with this Companion Agreement are intended to further the goals and coordinated operations of Lake Xxxxxx and Lake Xxxx pursuant to the 2007 Interim Guidelines, and to enhance conservation of water in the Colorado River System for the benefit of each of the Colorado River Basin States. The Secretary shall provide and describe 24-Month Study assumptions and projected operations, including those related to Lower Basin water use, to the Parties prior to the completion of the April and August 24-Month Studies under the 2007 Interim Guidelines. In addition to the consultations under the Annual Operating Plan, the Secretary shall also provide and describe to the Parties an evaluation of actual calendar-year operations and identify any substantial variations from modeling assumptions. The Parties agree to comply with this Companion Agreement, including the Upper Basin and Lower Basin DCPs. The Parties agree to act in good faith and with fair dealing entering into, implementing and performing their obligations under this Companion Agreement, including the Upper Basin and Lower Basin DCPs. In the event of failure to comply with this provision, any affected non-Federal party may maintain an action to enforce pursuant to 43 U.S.C. §1551(c).

IMPLEMENTATION AND ENFORCEMENT. 22. The parties shall endeavor in good faith to resolve informally any differences regarding interpretation of or compliance with this Agreement prior to initiating court action. If the United States believes that KleinBank has failed to perform in a timely manner any act required by this Agreement, or has otherwise not acted in conformance with any provision thereof, whether intentionally or not, the United States shall notify KleinBank in writing of its concerns through its undersigned counsel. KleinBank shall have 15 days from the date of the United States’ notification to cure the breach. 23. If the parties are unable to reach a resolution within 15 days, the parties agree that upon any such claim of a 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 resolution of any such claim of breach, or may file a separate action for breach of this Agreement, or any provision thereof, in the United States District Court for the District of Minnesota. 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. 24. In the event the United States reinstates the Civil Action as contemplated by Paragraph 23, above, or in any lawsuit to remedy a breach of this Agreement, the United States may seek, in addition to any remedy available under law or equity: (a) an injunction mandating specific performance of any term or provision in this Agreement, without regard to whether monetary relief would be adequate; (b) an award of reasonable attorneys’ fees and costs incurred in bringing an action to remedy breach of this Agreement; and (c) any additional relief that may be authorized. If such an action is filed, KleinBank 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. 25. 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.

IMPLEMENTATION AND ENFORCEMENT. 27. The United States may monitor compliance with this Agreement at any time, including, but not limited to, by conducting tests at any offices or locations at which Xxxxxxx conducts activities related to housing. Xxxxxxx agrees to cooperate with the United States in any review of compliance with this Agreement. Upon reasonable notice, Xxxxxxx shall permit counsel for the United States to inspect and copy all non-privileged records pertinent to this Agreement. Unless such inspection or copying is otherwise provided for in this Agreement, if non-privileged records sought by the United States contain personally identifiable information (“PII”) or financial information of Xxxxxxx or third parties, the Parties shall first meet and confer to discuss appropriate measures to protect that information from disclosure, including the use of redactions to protect portions of the documents containing or constituting PII. Nothing in this provision, however, shall constitute a waiver of any rights the United States may have in any action to enforce the terms of this Agreement. 28. The Parties shall endeavor in good faith to resolve informally any differences regarding interpretation of or compliance with this Agreement prior to initiating court action. If the United States believes that Xxxxxxx has failed to perform in a timely manner any act required by this Agreement, or has otherwise not acted in conformance with any provision thereof, whether intentionally or not, the United States shall notify Xxxxxxx in writing of its concerns via email and United States mail to the email and mailing addresses specified by Xxxxxxx in Attachment X. Xxxxxxx shall have thirty (30) days from the date of the United States’ notification to cure the breach. 29. If the United States and Xxxxxxx are unable to reach a resolution within thirty (30) days, as contemplated in the preceding Paragraph, the Parties agree that the United States may move to restore the Civil Action to the active docket for purposes of resolution of any such claim of breach, or may file a separate lawsuit for breach of this Agreement, or any provision thereof, in the United States District Court for the Northern District of California. This Court shall serve as the exclusive jurisdiction and venue for any dispute concerning this Agreement. In any such action, 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...

IMPLEMENTATION AND ENFORCEMENT. Within 14 days of the Effective Date, the Parties shall jointly move the Court to dismiss the amended complaint, pursuant to Fed. R. Civ. P. 41(a)(2), subject to reinstatement as set forth in the following paragraph. The joint motion will include this Agreement as an Exhibit.

IMPLEMENTATION AND ENFORCEMENT. 16. The United States may review compliance with this Agreement at any time. The University agrees to cooperate with the United States in any review of compliance with this Agreement. Upon reasonable notice, the University will permit counsel for the United States to inspect all non-privileged records pertinent to this Agreement. 17. The Parties will endeavor in good faith to resolve informally any differences regarding interpretation of or compliance with this Agreement prior to initiating court action. If the United States believes that the University has failed to perform in a timely manner any act required by this Agreement, or has otherwise not acted in conformance with any provision thereof, whether intentionally or not, the United States will notify the University in writing of its concerns. The University will have thirty (30) calendar days from the date of the United States’ notification to cure the breach. 18. If the Parties are unable to reach a resolution within thirty (30) calendar days, the United States may file a lawsuit for breach of this Agreement, or any provision thereof, in the United States District Court for the Eastern District of Virginia. In any such action, the University consents to and agrees not to contest the exercise of jurisdiction over it by this Court. The University further acknowledges that venue in this Court is appropriate and agrees not to raise any challenge on this basis. 19. In the event the United States files a civil action as contemplated by Paragraph 18, above, to remedy breach of this Agreement, the United States may seek, and the Court may grant as relief, 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; and (2) any additional relief including additional damages that may be authorized by law or equity. 20. Failure by the United States to enforce any provision of this Agreement will not operate as a waiver of the United States’ right or ability to enforce any provision of this Agreement.

IMPLEMENTATION AND ENFORCEMENT. 11. The United States may review compliance with this Agreement at any time. The Township agrees to cooperate with any such review. Upon reasonable notice by the United States to the Township, the Township shall permit representatives of the United States to inspect and copy all non-privileged, pertinent records of the Township, including, but not limited to, those records referenced above in Paragraph 10. 12. The Parties shall endeavor in good faith to resolve informally any differences regarding interpretation of or compliance with this Agreement prior to initiating court action. If either Party believes that the other, or any of its representatives, has failed to perform in a timely manner any act required by this Agreement, or has otherwise not acted in conformance with any provision thereof, whether intentionally or not, then that Party shall notify the other, in writing, of its concerns. The Party so notified shall have fifteen (15) days from the date of the written notification to either perform the requested action or to contact the Party that issued the notice to discuss and resolve any questions or issues raised in the written notice. 13. If the Parties are unable to reach a resolution within that fifteen (15) day period, pursuant to Paragraph 12, either Party may move to restore the present Civil Action to the active docket of the U.S. District Court for the Eastern District of Pennsylvania for resolution of the disagreement. If the Court declines to restore the Civil Action to the active docket in response to a Party’s motion pursuant to this Paragraph or otherwise declines to exercise jurisdiction to resolve the Parties’ disagreement, then either Party may pursue whatever cause of action, if any, that it otherwise would have under federal law to resolve the dispute. In addition, either party may, within ninety (90) days of the entry of the Order of the Court dated August 9, 2017, move to vacate, modify or strike from the record said Order, pursuant to Local Rule 41.1(b) of the Eastern District of Pennsylvania. 14. Appropriate remedies for breach of this agreement may include, but are not limited to, an order mandating specific performance of any term or provision in this Agreement, without regard to whether monetary relief would be adequate. In the event of a breach, defenses under theories of claim preclusion, issue preclusion, statute of limitations, estoppel, laches, or similar defenses shall not be raised. 15. Failure to enforce any provis...

IMPLEMENTATION AND ENFORCEMENT. 27. In consideration of the terms of this Agreement, the United States agrees to refrain from filing a civil suit in this matter, except as provided in paragraph 28 of this Agreement. 28. The United States may review compliance with this Agreement at any time. If the United States believes that this Agreement or any portion of it has been violated, the United States will raise its concern with Pomona and will attempt to resolve its concern with Pomona in good faith. If the United States is unable to reach a satisfactory resolution of the issue or issues within 30 days of the date it provides notice to Pomona, the United States may institute a civil action in federal district court. 29. For the purposes of the immediately preceding paragraph, it is a violation of this Agreement for Pomona to fail to comply in a timely manner with any of the requirements in this Agreement without obtaining sufficient advance written agreement with the United States for an extension of the relevant timeframe imposed by the Agreement. 30. Failure by the United States to enforce any provision of this Agreement will not be construed as a waiver of the United States’ right to enforce that provision or any other provision of this Agreement. 31. This Agreement is applicable to and binding on Pomona, including its officers, agents, employees, transferees, successors, and assigns. In the event that Pomona seeks to transfer or assign ownership or responsibility for the operation of the Station, or any part of it, Pomona shall obtain the written accession of the successor or assignee to any obligations remaining under this Agreement for the remaining term of this Agreement. 32. This Agreement constitutes the entire agreement between the parties. This Agreement shall not be considered an admission of wrongdoing or liability by Pomona but is entered into to resolve a disputed claim. 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 shall be enforceable. 33. 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. Nothing in this Agreement changes Pomona’s obligation to comply with the requirements of the ADA. 34. All notices, demands, or other communications, including reporting materials, to be provided under this Agreement shall be in writing and delivered by email or overnight deliver...

IMPLEMENTATION AND ENFORCEMENT. Xxxxxxx County may seek to modify this Agreement because of changed conditions making performance impossible by notifying the United States in writing, setting forth the modification and the facts to support it. Until the United States agrees to the modification in writing, no modification will take effect. The United States’ agreement will not be unreasonably withheld.

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

IMPLEMENTATION AND ENFORCEMENT. The Parties shall endeavor in good faith to resolve informally any differences regarding interpretation of or compliance with this Agreement prior to initiating court action.