CONSTRUCTION AND TERMINATION Clause Samples
CONSTRUCTION AND TERMINATION. A. The Parties agree to jointly file this Agreement with the Court, together with a Complaint and a joint motion to conditionally dismiss the Complaint pursuant to Federal Rule of Civil Procedure 41(a). The Parties further agree that this case will remain on the Court’s inactive docket, with the Court retaining jurisdiction to enforce the Agreement in the event of any disputes that may arise between the Parties until the Agreement terminates, subject to the limitations set forth in Sections V(F) and (G) of this Agreement. In the event the Court declines to retain jurisdiction, this Agreement shall become null and void and the United States has the right to revive any claims otherwise barred by operation of this Agreement.
B. The implementation of this Agreement shall begin immediately upon execution. The Parties anticipate that the State will have substantially complied with all provisions of this Agreement by July 1, 2020, unless the Agreement is otherwise terminated, cancelled, or extended. Substantial compliance is achieved if any violations of the Agreement are minor and occasional and are not systemic. Any Agreement deadline may be extended by mutual agreement of both Parties or pursuant to the process described in Section V(C) below in the event that the State has not achieved compliance with the Agreement on or before July 1, 2020.
C. The Court shall retain jurisdiction of this action for the purposes specified in Section V(A) until July 1, 2020 unless: (1) the Parties jointly ask the Court to terminate the Agreement before July 1, 2020; or (2) the United States disputes that the State is in substantial compliance with the Agreement as of July 1, 2020. If so, the United States shall inform the Court and the State by January 1, 2020 that it disputes substantial compliance, and the Court may schedule further proceedings as appropriate. In any such proceedings, the burden shall be on the State to demonstrate substantial compliance.
D. Within 60 days after the Agreement is signed, both Parties shall appoint an Agreement Coordinator to oversee compliance with this Agreement and to serve as a point of contact for the Reviewer, and shall provide notice to the Reviewer and to the other Party of the Agreement Coordinator’s name, title, address, telephone number and e-mail address.
E. Throughout the pendency of this Agreement, the United States and the State will coordinate and discuss areas of disagreement and attempt to resolve outstanding differences. In t...
CONSTRUCTION AND TERMINATION. A. The Parties agree jointly to file this Agreement with the United States District Court for the Northern District of Georgia, Atlanta Division, in United States v. Georgia, Civil Action No. 1:10-CV-249-CAP. The joint motion shall request that the Court enter the Settlement Agreement pursuant to Federal Rule of Civil Procedure 41(a)(2), conditionally dismiss the complaint in this action, and retain jurisdiction to enforce the Settlement Agreement. The Parties further agree to jointly file a motion with the Court, to withdraw the United States’ motion for preliminary injunction and to enforce the Settlement Agreement in case styled United States v. Georgia, Civil Action No. 1:09-CV-119- CAP, to vacate the hearing set for November 8, 2010, and to terminate any ongoing discovery in that action; the motion shall request that the case be returned to the Court’s inactive docket. If the Court does not retain jurisdiction to enforce the Settlement Agreement, the Settlement Agreement shall be void.
1. The Parties anticipate that the State will have substantially complied with all provisions of the Settlement Agreement by July 1, 2015. Substantial compliance is achieved if any violations of the Agreement are minor or occasional and are not systemic.
2. The Court shall retain jurisdiction of this action for all purposes until the State has substantially complied with all provisions of this Settlement Agreement and maintain substantial compliance with all provisions for one year.
3. The Parties may agree to jointly ask the Court to terminate the Settlement Agreement before the end of the five-year term, provided the State has substantially complied with all provisions of the Settlement Agreement and maintained substantial compliance with all provisions for one year. If the case has not yet been dismissed, the Parties agree to ask the Court for a non-evidentiary hearing on the status of compliance on or near July 1, 2015. If the Parties agree that there is non- compliance, or if there is a dispute about compliance, the Parties will so inform the Court, and the Court may set additional hearing dates as appropriate. The Parties may agree jointly at any time to allow for additional time to resolve compliance issues.
B. If the State believes it has achieved substantial compliance with a portion of the Settlement Agreement and has maintained substantial compliance for one year, it shall notify the United States and Independent Reviewer(s). If the United States and the Inde...
CONSTRUCTION AND TERMINATION. 1. The Parties agree to jointly file this Consent Decree with the United States District Court for the District of Rhode Island.
2. The implementation of this Consent Decree shall begin immediately upon the Effective Date, which shall be the date on which this Consent Decree is approved and entered as an order of the Court. The Parties anticipate that Rhode Island will have complied with all provisions of the Consent Decree by the end of State Fiscal Year 2024, unless this Consent Decree is otherwise terminated, cancelled, or extended. Substantial compliance is achieved where the State has implemented all of the provisions of the Consent Decree for all individuals in the Target Populations. Any violations of the Consent Decree that are minor and occasional and are not systemic shall not be deemed noncompliance. The Court shall retain jurisdiction of this action for all purposes until the end of State Fiscal Year 2024, unless:
a. The Parties jointly ask the Court to terminate the Consent Decree before the end of State Fiscal Year 2024, provided Rhode Island has complied with this Consent Decree and maintained compliance for one year; or
b. The United States disputes that Rhode Island is in compliance with the Consent Decree at the end of State Fiscal Year 2024. The United States shall inform the Court and Rhode Island by January 1, 2024, that it disputes compliance, and the Court may schedule further proceedings as appropriate. In any such proceedings, the burden shall be on the State to demonstrate substantial compliance.
3. Any Consent Decree deadline may be extended by mutual agreement of the United States and the State. Within 30 days after the Consent Decree is signed, the Defendant, through the Office of the Governor, shall select and appoint a Consent Decree Coordinator to oversee compliance with this Consent Decree and to serve as a point of contact for the Monitor, and shall provide notice to the Monitor and to the other Parties of the Consent Decree Coordinator’s name, title, address, telephone number, and e-mail address. The individual serving as the Consent Decree Coordinator shall remain except upon cause or by mutual decision of the Parties. The Consent Decree Coordinator may be the same person as the State’s Interim Settlement Agreement Coordinator in the matter of United States v. State of Rhode Island and City of Providence, No. 1:13-cv-00442 (D.R.I. July 11, 2013).
4. Throughout the pendency of this Consent Decree, the United States and th...