Common use of AND ENFORCEMENT Clause in Contracts

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 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 County's continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act. 65. This Agreement will remain in effect for three years. 66. The person signing for the County represents that he or she is authorized to bind the County to this Agreement. 67. The effective date of this Agreement is the date of the last signature below.

Appears in 1 contract

Sources: Settlement Agreement

AND ENFORCEMENT. 59Except 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 the County 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. 60. The Department may review compliance with this Agreement at any time. If the Department believes that the County 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 County 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 the CountyCity, 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. 61II. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County 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. 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 City 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 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 CountyCity's continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act. 65. This Agreement will remain in effect for three years. 66four years from the effective date of this Agreement. The person signing for the County City represents that he or she is authorized to bind the County City to this Agreement. 67. The effective date of this Agreement is the date of the last signature below.. For the City of New Orleans, Louisiana: For the United States:

Appears in 1 contract

Sources: Settlement Agreement

AND ENFORCEMENT. 59. If at any time the County 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. 60. The Department may review compliance with this Agreement at any time. If the Department believes that the County 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 County 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 the CountyCity, 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 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. 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 about it or in it will can be made available to the public or any person by the County City or the Department on request. 64Department. 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 County's City´s continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act. 65. This Agreement will remain in effect for three years. 66years or until the parties agree that all actions required by the Agreement have been completed, whichever is later. The person signing for the County City represents that he or she is authorized to bind the County City to this Agreement. 67. The effective date of this Agreement is the date of the last signature below.

Appears in 1 contract

Sources: Settlement Agreement

AND ENFORCEMENT. 5946. If at any time the County 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. 6047. The Department may review compliance with this Agreement at any time. If the Department believes that the County 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 County 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 the CountyCity, 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. 6148. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County 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. 6249. 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. 6350. 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 City or the Department on request. 6451. 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 CountyCity's continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act. 6552. This Agreement will remain in effect for three years4 years and 6 months, except that paragraphs 25-28 shall remain in effect for ten years and six months, or until six months after the actions in paragraphs 25 and 27 have been completed, whichever occurs first. 6653. The person signing for the County City represents that he or she is authorized to bind the County City to this Agreement. 6754. The effective date of this Agreement is the date of the last signature below.

Appears in 1 contract

Sources: Settlement Agreement

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 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 County's County´s continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act. 65. This Agreement will remain in effect for three years. 66years or until the parties agree that all actions required by the Agreement have been completed, whichever is later. The person signing for the County represents that he or she is authorized to bind the County to this Agreement. 67. The effective date of this Agreement is the date of the last signature below.

Appears in 1 contract

Sources: Settlement Agreement

AND ENFORCEMENT. 59. If at any time the County 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. 60. The Department may review compliance with this Agreement at any time. If the Department believes that the County 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 County 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 the Countyraised, 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 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. 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 City 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 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 County's City’s continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act. 65. 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. 66(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 County City represents that he or she is authorized to bind the County City to this Agreement. 67. The effective date of this Agreement is the date of the last signature below.

Appears in 1 contract

Sources: Settlement Agreement

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 ’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 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 County's ’s continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act. 65. This Agreement will remain in effect for three years. 66(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 County represents that he or she is authorized to bind the County to this Agreement. 67. The effective date of this Agreement is the date of the last signature below.. For the County:

Appears in 1 contract

Sources: Settlement Agreement

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 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 County's continuing County´scontinuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act. 65. This Agreement will remain in effect for three years. 66years or until the parties agree that all actions required by the Agreement have been completed, whichever is later. The person signing for the County represents that he or she is authorized to bind the County to this Agreement. 67. The effective date of this Agreement is the date of the last signature below.

Appears in 1 contract

Sources: Settlement Agreement

AND ENFORCEMENT. 5949. If at any time the County 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. 6050. This agreement does not address the accessibility of voting equipment or voting systems, including polling place accessibility, or any modifications to polling-related policies and procedures that may be necessary to ensure access for persons with disabilities. 51. The Department may review compliance with this Agreement at any time. If the Department believes that the County 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 County 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 the CountyCity, 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. 6152. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County 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. 6253. 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. 6354. 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 City or the Department on request. 6455. 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 CountyCity's continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act. 6556. This Agreement will remain in effect for three seven years. 6657. The person signing for the County City represents that he or she is authorized to bind the County City to this Agreement. 6758. The effective date of this Agreement is the date of the last signature below.

Appears in 1 contract

Sources: Settlement Agreement

AND ENFORCEMENT. 5943. If at any time the County 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. 6044. The Department may review compliance with this Agreement at any time. If the Department believes that the County 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 County 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 the CountyCity, 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. 6145. For purposes of the immediately preceding paragraph, it is a violation of this Agreement for the County 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. 6246. 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. 6347. 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 City or the Department on request. 6448. 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 CountyCity's continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act. 6549. This Agreement will remain in effect for three 10 years. 6650. The person signing for the County City represents that he or she is authorized to bind the County City to this Agreement. 6751. The effective date of this Agreement is the date of the last signature belowJanuary 1, 2006.

Appears in 1 contract

Sources: Settlement Agreement

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 ’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 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 County's ’s continuing responsibility to comply with all aspects of the ADA and section 504 of the Rehabilitation Act. 65. This Agreement will remain in effect for three years. 66(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 County represents that he or she is authorized to bind the County to this Agreement. 67. The effective date of this Agreement is the date of the last signature below.

Appears in 1 contract

Sources: Settlement Agreement

AND ENFORCEMENT. 59. If at any time This Agreement shall remain in effect for three (3) years from 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 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. 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 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 the County, 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 II and section 504 this Agreement. LSP shall maintain sufficient records to document its compliance with all of the Rehabilitation Act. 61requirements of this Agreement. For purposes During the period of the immediately preceding paragraphthis 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 County 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. 62. 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. 63. If LSP fails to implement the terms of this 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 attorney fees associated with this matter. This Agreement (including its Attachments) 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 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 County's relieve LSP of its continuing responsibility obligation to comply with all aspects of the ADA and section 504 of the Rehabilitation Act. 65ADA. 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 years. 66purposes 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 County LSP represents that he or she is authorized to bind the County LSP to this Agreement. 67. The effective date AGREED AND CONSENTED TO: For Louisiana State Penitentiary /s/ Xxxxx X. Xxxxxxx XXXXX X. XXXXXXX Secretary, Department of this Agreement is Public Safety and Corrections 000 Xxxxxxxxx Xxxxxx Xxxxx Xxxxx, Xxxxxxxxx 00000 /s/ Xxxxxx Xxxxxx XXXXXX XXXXXX Xxxxxx, Louisiana State Penitentiary 00000 Xxxxxx Xxxxx Xxxxxx, Xxxxxxxxx 00000 Dated: 11/14/17 For the date of the last signature below.United States: XXXXX X. XXXXXXXX United States Attorney Xxxxxxx X. Xxxx Federal Courthouse U.S. Attorney's Office 000 Xxxxxxx Xxxxxx, Xxxxx 000 Xxxxx Xxxxx, XX 00000

Appears in 1 contract

Sources: Settlement Agreement

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