Common use of IMPLEMENTATION AND ENFORCEMENT Clause in Contracts

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 not to raise any challenge on this basis.‌ 30. In the event the United States, as contemplated by Paragraph 29, reopens the Civil Action or files a new civil action 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 that may be authorized by law or equity. Xxxxxxx 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. Nothing in this Agreement is intended to waive any defenses under these theories applicable to a period in which this Agreement is not in place. 31. 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. 32. Upon receipt of confirmation of Xxxxxxx’x first payment as contemplated in this Agreement, the United States and Xxxxxxx shall jointly move the Court for dismissal with prejudice of the claims against Xxxxxxx in the Civil Action, subject to its reopening as set forth in Paragraph 29. The Parties shall attach a copy of this Agreement to the joint motion.

IMPLEMENTATION AND ENFORCEMENT. 2732. The United States may monitor review 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 Hudson will 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 facilitate 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 actionreview. If the United States believes that Xxxxxxx Xxxxxx has failed to perform in a timely manner any act required by comply with this Agreement, or has otherwise not acted in conformance with any provision thereof, whether intentionally or not, then the United States shall will notify Xxxxxxx Xxxxxx 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 writing. If, after thirty (30) days from of providing Xxxxxx with written notice of non-compliance, the date of the United States’ notification to cure the breach. 29. If the United States and Xxxxxxx are parties have been 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 terms 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 not to raise any challenge on this basis.‌ 30. In the event the United States, as contemplated by Paragraph 29, reopens the Civil Action or files a new civil action to remedy breach of this Agreementrectify non-compliance, the United States may seek, and institute a civil action in federal district court to enforce the Court may grant as relief, the following: 1) an order mandating specific performance terms 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. Xxxxxxx expressly agrees not to count the time during which this Agreement is in place, or use the terms or existence of this Agreement, and/or may take appropriate steps to plead, argue, or otherwise raise any defenses under theories of claim preclusion, issue preclusion, statute of limitations, estoppel, laches, or similar defenses. Nothing in this Agreement is intended to waive any defenses under these theories applicable to a period in which this Agreement is not in placeenforce title II. 3133. 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. 3234. Upon receipt of confirmation of Xxxxxxx’x first payment as contemplated in this Agreement, the United States and Xxxxxxx shall jointly move the Court for dismissal with prejudice of the claims against Xxxxxxx in the Civil Action, subject to its reopening as set forth in Paragraph 29This Agreement is a public document. The Parties shall attach Xxxxxx will provide a copy of this Agreement to any person, upon request. 35. This Agreement (including its Attachments) is the joint motionentire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party will be enforceable. This Agreement does not relieve Xxxxxx of its continuing obligation to comply with all aspects of the ADA. 36. This Agreement will remain in effect for three (3) years, and all actions required by this agreement shall be completed in that period. 37. If, during the implementation of this Agreement, the City determines that, due to reasons beyond its control (e.g., substantial and unexpected circumstances), that the City cannot complete work by the dates set forth in this Agreement, the City may seek reasonable extension of time to complete the work from the United States. 38. The person signing for Xxxxxx represents that he or she is authorized to bind Xxxxxx to this Agreement. 39. The effective date of this Agreement is the date of the last signature below. AGREED AND CONSENTED TO: FOR THE UNITED STATES XXXX XXXXXXXX Assistant Attorney General Date: XXXXXXX X. XXXX Chief XXXXXXXX X. XXXXX, Special Litigation Counsel XXXXXXXX X. XXXXXXXXX Deputy Chief XXXXX XXXX, Senior Trial Attorney Disability Rights Section Civil Rights Division U.S. Department of Justice 000 Xxxxxxxxxxxx Xxxxxx XX - XXX Xxxxxxxxxx, X.X. 00000 Telephone: (000) 000-0000 xxxxx.xxxx@xxxxx.xxx XXXXX X. XXXXXXX United States Attorney Northern District of New York /s/ Xxxx X. Xxxxxx XXXX X. XXXXXX, XX. Assistant United States Attorney XXXX XXXXXX Mayor, City of Xxxxxx Date:

IMPLEMENTATION AND ENFORCEMENT. 2722. 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 Xxxx conducts activities related to housing. Xxxxxxx Xxxx agrees to cooperate with the United States in any review of compliance with this Agreement. Upon reasonable notice, Xxxxxxx Xxxx 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 Xxxx 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. 2823. 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 Xxxx 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 Xxxx in writing of its concerns via email and United States mail to the email and mailing addresses specified by Xxxxxxx Xxxx in Attachment X. Xxxxxxx Xxxx shall have thirty (30) days from the date of the United States’ notification to cure the breach. 2924. If the United States and Xxxxxxx Xxxx 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 not to raise any challenge on this basis.‌basis. 3025. In the event the United States, as contemplated by Paragraph 2924, reopens the Civil Action or files a new civil action 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 that may be authorized by law or equity. Xxxxxxx Xxxx 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. Nothing in this Agreement is intended to waive any defenses under these theories applicable to a period in which this Agreement is not in place. 3126. 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. 3227. Upon receipt of confirmation of Xxxxxxx’x Xxxx’x first payment as contemplated in this Agreement, the United States and Xxxxxxx Xxxx shall jointly move the Court for dismissal with prejudice of the claims against Xxxxxxx Xxxx in the Civil Action, subject to its reopening as set forth in Paragraph 29. The Parties shall attach a copy of this Agreement to the joint motion.Paragraph

IMPLEMENTATION AND ENFORCEMENT. 27. The United States may monitor review compliance with this Agreement 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 time and may enforce this agreement if the United States in believes that it or 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 actionrequirement thereof has been violated. If the United States believes that Xxxxxxx this agreement or any portion of it has failed been violated, it will raise its concern(s) with the City of Ansonia and the parties will attempt to perform resolve the concern(s) 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 good faith. The United States shall notify Xxxxxxx in writing will give the City of its concerns via email and United States mail to the email and mailing addresses specified by Xxxxxxx in Attachment X. Xxxxxxx shall have Ansonia thirty (30) days from the date it notifies the City 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 Ansonia of any such claim of breach, or may file a separate lawsuit for breach of this Agreementagreement to cure that breach, or prior to instituting any provision thereof, in action with 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 not to raise any challenge on this basis.‌ 30. In the event the United States, as contemplated by Paragraph 29, reopens the Civil Action or files a new civil action 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 that may be authorized by law or equity. Xxxxxxx 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. Nothing in this Agreement is intended to waive any defenses under these theories applicable to a period in which this Agreement is not in place. 31. Failure by the United States to enforce any provision or deadline of this Agreement agreement shall not operate be construed as a waiver of the United States’ its right or ability to enforce other provisions or deadlines of this agreement. This agreement constitutes the entire agreement between the parties relating to Department of Justice Complaint No. 000-00-000, and 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, shall be enforceable. This agreement does not purport to remedy any other provision potential violations of the ADA or any other federal law. This agreement does not affect the City’s continuing responsibility to comply with all aspects of the ADA. If any term of this Agreement. 32agreement 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. Upon receipt The individuals signing this agreement represent they are authorized to bind the parties to this agreement. This agreement shall be binding on the City of confirmation of Xxxxxxx’x first payment as contemplated Ansonia, its agents and employees, successors and assigns. Section titles and other headings contained in this Agreement, agreement are included only for ease of reference and shall have no substantive effect. The parties agree that facsimile signatures on this agreement are acceptable for purposes of execution and that this agreement may be executed in counterpart. The effective date of this agreement is the United States and Xxxxxxx shall jointly move the Court for dismissal with prejudice date of the claims against Xxxxxxx last signature below. All notices, demands, or other communications to be provided pursuant to this agreement shall be in the Civil Action, subject to its reopening as set forth in Paragraph 29. The Parties shall attach a copy of this Agreement writing and delivered by fax or overnight mail to the joint motion.following persons and addresses (or such other persons and addresses as any party may designate in writing from time to time):