ADA Settlement Agreement Clause Samples
An ADA Settlement Agreement is a legally binding document that resolves disputes or compliance issues related to the Americans with Disabilities Act (ADA) between parties, often involving a business or public entity and an individual or group alleging ADA violations. Typically, the agreement outlines specific actions the party must take to improve accessibility, such as modifying facilities, updating policies, or providing training to staff. Its core practical function is to ensure that the entity comes into compliance with ADA requirements without the need for prolonged litigation, thereby promoting accessibility and resolving disputes efficiently.
ADA Settlement Agreement. The Settlement Agreement and Mutual Release dated February 12, 2001, as amended by the First Amendment thereto dated September 2, 2005, in the matter of ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, et al.
ADA Settlement Agreement. CSU acknowledges that it is aware of and has received a copy of the ADA Settlement Agreement. From and after the Closing, CSU shall assume and perform all ofthe City’s obligations under the ADA Settlement Agreement. CSU acknowledges and agrees that from and after the Closing, CSU shall act as the successor and assignee of the City under and pursuant to the terms of the ADA Settlement Agreement. The City shall deliver to CSU copies of any notice, written demand, written request or other correspondence received from Plainti f’s Representative concerning the ADA Settlement Agreement within five (5) Business Days ofthe City’s receipt ofthe same. The terms of this Section shall survive the Closing.
ADA Settlement Agreement. Sellers shall use commercially reasonable efforts, at Sellers’ sole cost and expense, to complete, or cause to be completed, all modifications and accommodations to, or renovations and remodeling of, the Station Property currently known as Corner Store #3074 and located at ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Boulevard, Bakersfield, California that are required to carry out, perform, satisfy and discharge in full CST CA’s obligations under the ADA Settlement Agreement, including the modifications and accommodations to, or renovations and remodeling of such Station Property described in Schedule 5.14. In the event that such work is not completed by the applicable CIC Conversion Date, Sellers shall complete, or cause to be completed, such work following such CIC Conversion Date pursuant to an access agreement in a form mutually agreeable to the Parties. Sellers shall complete, or cause to be completed, such work in accordance with Schedule 5.14 at Sellers’ sole cost and expense and shall deliver to Buyers evidence thereof promptly after such completion.
ADA Settlement Agreement. Seller shall cause the remediation obligations set forth in Section 3 of the ADA Settlement Agreement (the “Remediation Work”) to be completed in accordance with the terms of the ADA Settlement Agreement. The Remediation Work shall be performed at Seller’s sole cost and expense, in a good, workmanlike and lien-free manner. Purchaser shall provide Seller and its Affiliates, contractors, representatives, and agents reasonable access to the Hotel in order to complete the Remediation Work after the Closing and shall otherwise cooperate with the Seller in connection therewith to avoid undue interference with, or disruption to, the operation of the Hotel while giving due regard to having such work completed in a timely and cost effective manner. Except as required by the ADA Settlement Agreement, Seller shall not remove any existing amenities or features that are the subject of the remediation measures agreed to in the ADA Settlement Agreement without the prior consent of Purchaser. Upon completion of the Remediation Work, Seller shall provide written notice to Purchaser and Purchaser shall have a period of five (5) Business Days from the delivery of such notice (the “Remediation Objection Period”) to provide written notice to Seller (a “Remediation Objection Notice”) setting forth in reasonable detail any elements of the Remediation Work which Purchaser reasonably believes were not completed in accordance with this Section VIII.K (“Unfinished Remediation Items”). If Purchaser fails to deliver a Remediation Objection Notice to Seller within the Remediation Objection Period, Seller shall be deemed to have fully satisfied its obligation to perform the Remediation Work pursuant to this Section VIII.K and Purchaser shall be deemed to have accepted such Remediation Work from Seller on an “as-is”, “where-is”, “with all faults” basis. If Purchaser delivers a Remediation Objection Notice to Seller within the Remediation Objection Period and Seller disputes any Unfinished Remediation Items set forth therein, the Parties shall submit such dispute to an arbitrator reasonably acceptable to both Parties. Seller shall cause any undisputed Unfinished Remediation Items and any disputed Unfinished Remediation Items approved by such arbitrator to be completed in accordance with this Section VIII.K. Upon Seller’s completion of such Unfinished Remediation Items, Seller shall be deemed to have fully satisfied its obligation to perform the Remediation Work pursuant to this Section VI...
ADA Settlement Agreement. CSU acknowledges that it is aware of and has received a copy of the ADA Settlement Agreement, CSU agrees to comply with all terms and conditions of the ADA Settlement Agreement, and subject to the City’s express representations and warranties set forth in Section 10.2(d) below, the City will have no further obligations under the ADA Settlement Agreement after the Closing. In connection with its operations of the Existing Stadium after the Closing, CSU will comply with all state and federal Law for the sale of wheelchair spaces and the adjacent companion seat and semi-ambulatory and armless aisle transfer seats, and any other specific requirements of the Law. The City will deliver to CSU copies of any notice, written demand, written request or other correspondence received from Plaintiff’s Representative or anyone else concerning the ADA Settlement Agreement within five (5) Business Days of the City’s receipt of the same. The preceding provisions of this Section shall survive the Closing. In addition, with respect to any pre- Closing time period during which the CSU Interim Lease or the CSU New Lease is in effect, the following provisions will apply: (a) the City will remain as the Defendant’s Representative, as defined in the ADA Settlement Agreement, for the purposes of administering the ADA Settlement Agreement; (b) CSU will provide to the City, at no cost to the City, and at least two weeks before any event at the Existing Stadium, 25 wheelchair seating pairs, 28 semi-ambulatory seating pairs, and 20 armless transfer seat seating pairs (for a total of 146 seats) applicable to the upcoming Existing Stadium event, and the City will distribute those seating pairs to the Plaintiff’s Representative, as defined in the ADA Settlement Agreement; and (c) within five (5) Business Days after the City’s receipt of CSU’s notice, the City will provide written notice to CSU designating the location of such seats.
ADA Settlement Agreement. Based on the current, actual knowledge of ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, in her capacity as the City’s Director of the Real Estate Assets Department, and thereafter, if ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ is no longer employed by the City and available, then based on the current, actual knowledge of the designated City representative being most familiar with Existing Stadium operations as determined by the Mayor, without any independent duty of inquiry or investigation in either case, (i) the City has provided CSU with a true and complete copy of the ADA Settlement Agreement, which has not been amended, modified, or supplemented in any way; (ii) all improvements, including capital improvements, required to be performed pursuant to the ADA Settlement Agreement or any subsequent compliance inspections or other obligations required to have been performed under the ADA Settlement Agreement have been performed; (iii) there are no defaults under the ADA Settlement Agreement, and no event has occurred and no condition exists, which with the giving of notice or the passage of time, or both, will constitute a default under the ADA Settlement Agreement; (iv) there are no amounts owed to plaintiffs, their counsel, or anyone else pursuant to the ADA Settlement Agreement; and (v) the City has provided CSU with true and correct copies of reports or other documentation prepared in connection with any compliance inspections performed under the ADA Settlement Agreement, along with records of any actions taken and acceptance of the same by Plaintiff’s Representative within the last three (3) years. If the City learns of any material inaccuracy in City’s representations or warranties after the date hereof and prior to the Closing, the City will promptly notify CSU of such inaccuracy; for purposes hereof, an inaccuracy will be deemed material if it has a material and adverse effect on ownership of the CSU Property, development of the Project, or any of CSU’s rights or obligations in any of the Attachments in accordance with the terms and conditions of this Agreement. The City will have the right (but not the obligation) to make commercially reasonable efforts to cure such inaccuracy prior to the Closing. If the City delivers written notice of its election not to cure the material inaccuracy, CSU’s sole and exclusive remedy in such event will be to elect, on or before the earlier of the Closing Date or five (5) Business Days after receiving such written notice from the City, to either (y) waive such material i...
ADA Settlement Agreement. “ADA Settlement Agreement” means that certain settlement agreement affecting the Hotel dated June 29, 2009.