AND ENFORCEMENT Sample Clauses
The "AND ENFORCEMENT" clause establishes the mechanisms and authority for ensuring that the terms of the agreement are upheld by all parties. Typically, this clause outlines the rights of a party to seek remedies such as injunctions, damages, or specific performance if the other party breaches the contract. It may also specify the procedures for initiating legal action or other enforcement measures. The core function of this clause is to provide a clear framework for addressing violations, thereby protecting the interests of the parties and ensuring that contractual obligations are effectively enforced.
AND ENFORCEMENT. 28. The United States may take steps to monitor the Defendants’ compliance with this Agreement, including, but not limited to, conducting fair housing tests related to the CLTC’s activities and implementation of this Agreement, as per the Civil Rights Division Fair Housing Testing Program.
29. 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 any Defendant 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 Defendants in writing of its concerns. The Defendant(s) alleged to have breached the Agreement will have thirty (30) days from the date of notification to resolve the issue raised by the United States to the Parties’ mutual satisfaction.
30. If the Parties are unable to reach a resolution within thirty (30) days, the United States may seek appropriate relief from the Court prior to dismissal of the Civil Action or, if the Civil Action has been dismissed pursuant to Paragraph 34, the United States may file an action for breach of this Agreement, or any provision thereof, in the United States District Court for the District of Guam. In any action filed under this Paragraph, the Parties agree not to contest the exercise of personal jurisdiction over the Parties by the District Court of Guam, and not to contest that the proper and appropriate venue is the District Court of Guam.
31. In any action or proceeding brought by United States to enforce 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. In any such action or proceeding, the Defendants agree not to count the time during which this Agreement is in place, or use the terms or existence of this Agreement, to plead, argue or otherwise raise any defenses under theories of statute of limitations, estoppel, laches, or similar defenses.
32. In the event that the United States withdraws consent to this Agreement and seeks to revive its claims for alleged violations of the Fair Housing Act, which would be for the sole reason of Defendants’ fai...
AND ENFORCEMENT. 59. 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.
60. The Department may review compliance with this Agreement at any time. If the Department believes that 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 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 the 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 II and section 504 of the Rehabilitation Act.
61. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the 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.
62. 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.
63. 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 County or the Department on request.
64. 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 refere...
AND ENFORCEMENT. If at any time 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.
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.
AND ENFORCEMENT. The Employer shall forward a job notification, which shall include the description of the project, the amount and size of pipe to be installed, and the projected labourers’ hours of work to be performed within each location on the job. to the appropriate International Union Representative designated by the Union for the area involved and a copy for the Local Union(s) having territorial jurisdiction, immediately upon his knowledge of all work to be done by the Employer and all sub-contractors under the terms and conditions of this Agreement. The International Union Representative will designate the Local Union(s) which will have jurisdiction. The job notification form to be used is attached to this Agreement as Addendum A.
AND ENFORCEMENT. The 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. The United States may review compliance with this Agreement at any time. The County will cooperate with the United States. If the United States believes that the County has failed to comply with this Agreement, then the United States will notify the County in writing. If, after thirty (30) days of providing the County with written notice of non-compliance, the United States determines that the County has failed to come into compliance, the United States may institute a civil action in federal district court to enforce the terms of this Agreement and may take appropriate steps to enforce title II and Section 504. It is a violation of this Agreement for the County to fail to comply in a timely manner with any of the requirements of this Agreement. Failure by the United States to enforce any provision of this Agreement is not a waiver of the United States' right to enforce any provisions of this Agreement. This Agreement is a public document. The County will provide a copy of this Agreement to any person, upon request. This Agreement (including its Attachments) is the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party will be enforceable. This Agreement does not remedy any other potential violations of the ADA or other federal law. This Agreement does not relieve the County of its continuing obligation to comply with all aspects of the ADA and Section 504. This Agreement will remain in effect for three (3) years from the effective date of this Agreement. The person signing for the County represents that he or she is authorized to bind the County to this Agreement. The effective date of this Agreement is the date of the last signature below. For the County: By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Xxxxx & Xxxxx, P.C. Senior Counsel/Director 000 Xxxxx Xxxxxx Xxxxx Xxxxx Suite 600 Waco, TX 76710-6078 Date: _9/30/2015___ For the United States: XXXXXX XXXXX Principal Deputy Attorney General for Civil Rights XXX X. XXXX Deputy Assistant Attorney General XXXXXXX X. XXXX, Chief XXXX XXXXXXXX, Deput...
AND ENFORCEMENT. 36. The United States may review compliance with this Agreement at any time. Twin Creek agrees to cooperate with the United States in any review of compliance with this Agreement. Upon reasonable notice, Twin Creek shall permit counsel for the United States to inspect and copy all 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 21 and the payment to the United States as set forth in Paragraph 29, the Parties shall sign and file in the Civil Action a Joint Stipulation of Dismissal of the Civil Action pursuant to Rule 41(a)(1), subject to reinstatement as set forth in Paragraph 39.
39. Should Twin Creek materially breach any provision of this Agreement, the Parties agree that 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. If the United States makes a claim of breach, Twin Creek consents to and agrees not to contest the United States’ motion to restore the present 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 Nebraska. The United States may in such action seek to have the Court impose any remedy authorized at law or equity. This Court shall serve as the exclusive jurisdiction and venue for any dispute concerning this Agreement. Defendant consents to and agrees not to contest the exercise of personal jurisdiction over Defendant by this Court. The Parties further acknowledge that venue in this Court is appropriate and agree not to raise any challenge on this basis.
40. In the event the United States moves to reinstate the Civil Action as contemplated by the above Paragraph 39, or 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 incurred in bringing an action to remedy breach of this Agreement; and (3) any additional relief that may be authorized by la...
AND ENFORCEMENT. 38. The United States may review compliance with this Agreement at any time. BMW FS agrees to cooperate with the United States in any reasonable review of compliance with this Agreement. Upon reasonable notice, BMW FS shall permit counsel for the United States to inspect and copy all non-privileged records pertinent to this Agreement.
39. 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.
40. If the United States believes that there has been a failure by BMW FS to perform in a timely manner any act required by this Agreement, or otherwise to act in conformance with any provision thereof, whether intentionally or not, the United States will notify BMW FS in writing of its concerns and the Parties will attempt to resolve those concerns in good faith. BMW FS shall have fifteen (15) days from the date the United States provides notification of any breach of this Agreement to cure the breach or to request a meet and confer to resolve any disagreement between the Parties as to the validity of the claimed failure.
41. If the Parties are unable to reach a resolution within 15 days, the United States may, until the Civil Action is dismissed, seek appropriate relief before the Court in the Civil Action. After the Civil Action is dismissed, 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. 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.
42. In the event the United States files a civil action as contemplated by Paragraph 41, above, to remedy breach of this Agreement, the United States may seek, in addition to any remedy available under law or equity, an injunction mandating specific performance of any term or provision in this Agreement. The United States may also seek from the Court an award of reasonable attorneys’ fees and costs incurred in bringing an action to remedy breach of this Agreement. If such a civil action is filed, BMW FS expressly agrees not to coun...
AND ENFORCEMENT. 118. Implementation. VDOC will implement all reforms necessary to effectuate the terms of this Agreement and will revise any policy, procedure, or practice, as necessary, to effectuate the terms of this Agreement. It is a violation of this Agreement for VDOC to fail to comply in a timely manner with any of the requirements of this Agreement.
AND ENFORCEMENT. Denver 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.