Common use of District Court Clause in Contracts

District Court. If the United States believes that this Agreement or any portion of it has been violated, it will raise its claim(s) in writing with ARMC, and the parties will attempt to resolve the concern(s) in good faith. The United States will allow ARMC thirty (30) days from the date it notifies ARMC of any breach of this Agreement to cure said breach, prior to instituting any court action to enforce the ADA or the terms of the Agreement. Entire Agreement. This Agreement and the attachments hereto constitute 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, shall be enforceable. This Agreement is limited to the facts set forth herein and does not purport to remedy any other potential violations of the ADA or any other federal law. Binding. This Agreement is final and binding on the parties, including all principals, agents, executors, administrators, representatives, successors in interest, beneficiaries, assigns, heirs and legal representatives thereof. Each party has a duty to so inform any such successor in interest. Non-Waiver. Failure by any party to seek enforcement of this Agreement pursuant to its terms with respect to any instance or provision shall not be construed as a waiver to such enforcement with regard to other instances or provisions. For the United States of America: XXXXXX X. XXXXXX United States Attorney XXXX X. XXXXXXX Assistant United States Attorney Chief, Civil Division By: ________________________________ XXXXX-XXXXX XXXX MONTELEONE Assistant United States Attorney Assistant Division Chief Civil Rights Chief, Civil Division XXXXXX X. XXXXXX Assistant United States Attorney For Arrowhead Regional Medical Center: By: ________________________________ XXXXXXXX XXXXXXXXX Xxxxxx, Xxxx Date:_____________________ Date: _____________________ Cases & Matters by ADA Title Coverage | Legal Documents by Type & Date | ADA Home Page

District Court. If the United States believes that this Agreement or any portion of it has been violated, it will raise its claim(s) in writing with ARMCXxxxx, and the parties will attempt to resolve the concern(s) in good faith. The United States will allow ARMC Xxxxx thirty (30) days from the date it notifies ARMC Xxxxx of any breach of this Agreement to cure said breach, prior to instituting any court action to enforce the ADA or the terms of the Agreement. Entire Agreement. This Agreement and the attachments hereto constitute 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, shall be enforceable. This Agreement is limited to the facts set forth herein and does not purport to remedy any other potential violations of the ADA or any other federal law. Binding. This Agreement is final and binding on the parties, including all principals, agents, executors, administrators, representatives, successors in interest, beneficiaries, assigns, heirs and legal representatives thereof. Each party has a duty to so inform any such successor in interest. Non-Waiver. Failure by any party to seek enforcement of this Agreement pursuant to its terms with respect to any instance or provision shall not be construed as a waiver to such enforcement with regard to other instances or provisions. For The effective date of this Settlement Agreement is the United States date of Americathe last signature below. This Agreement may be executed in counterparts, each of which constitutes an original and all of which constitute one and the same Agreement. Electronically transmitted signatures shall constitute acceptable, binding signatures for purposes of this Agreement. FOR XXXXX MEDICAL CENTER: /s/ Xxxx Xxxx XXXX XXXX General Counsel Xxxxx Xxxxxxx Xxxxxx XXX XXX XXXXXX X. XXXXXX United States Attorney XXXX X. XXXXXXX Assistant United States Attorney Chief, Civil Division By: ________________________________ XXXXX-XXXXX XXXX MONTELEONE Assistant United States Attorney Assistant Division Chief Civil Rights Chief, Civil Division XXXXXX X. XXXXXX Assistant United States Attorney For Arrowhead Regional Medical Center: By: ________________________________ XXXXXXXX XXXXXXXXX Xxxxxx, Xxxx DateXXXXXX:_____________________ Date: _____________________ Cases & Matters by ADA Title Coverage | Legal Documents by Type & Date | ADA Home Page

District Court. If the United States believes that this Agreement or any portion of it has been violated, it will raise its claim(s) in writing with ARMCCHRC, and the parties will attempt to resolve the concern(s) in good faith. The United States will allow ARMC CHRC thirty (30) days from the date it notifies ARMC CHRC of any breach of this Agreement to cure said breach, prior to instituting any court action to enforce the ADA or the terms of the Agreement. Entire Agreement. This Agreement and the attachments hereto constitute 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, shall be enforceable. This Agreement is limited to the facts set forth herein and does not purport to remedy any other potential violations of the ADA or any other federal law. Binding. This Agreement is final and binding on the parties, including all principals, agents, executors, administrators, representatives, successors in interest, beneficiaries, assigns, heirs and legal representatives thereof. Each party has a duty to so inform any such successor in interest. Non-Waiver. Failure by any party to seek enforcement of this Agreement pursuant to its terms with respect to any instance or provision shall not be construed as a waiver to such enforcement with regard to other instances or provisions. For The effective date of this Settlement Agreement is the United States date of Americathe last signature below. This Agreement may be executed in counterparts, each of which constitutes an original and all of which constitute one and the same Agreement. Electronically transmitted signatures shall constitute acceptable, binding signatures for purposes of this Agreement. FOR THE UNITED STATES: XXXXXX XXXX X. XXXXXX Acting United States Attorney XXXX X. XXXXXXX Eastern District of Virginia By:/s/ Xxxxxx Xxxxxx XXXXXX XXXXXX Assistant United States Attorney ChiefUnited States Attorney’s Office Eastern District of Virginia Xxxxxx X. Xxxxxxxx U.S. Attorney’s Bldg. 0000 Xxxxxxxx Xxxxxx Alexandria, Civil Division ByVirginia 22314 Telephone: 000-000-0000 xxxxx.xxxxxx@xxxxx.xxx DATED: 2/28/14 For CSP NOVA d/b/a Commonwealth Health & Rehab Center By:/s/ Xxxxxx X. Xxxx Xxxxxx X. Xxxx Facility Administrator CSP NOVA d/b/a Commonwealth Health & Rehab Center 0000 Xxxxx Xxxxxx Xxxx Xxxxxxx, XX 00000 DATED: 2/28/2014 Exhibit A Deaf or Hard of Hearing Communication Request Form We ask this information so that we can communicate effectively with patients and/or companions who are deaf or hard of hearing. All communication aids and services are provided FREE OF CHARGE. Each person requesting communication aids should complete a separate form. If you need further assistance, please contact _____________________. _________________________________ Patient’s Name _________________________________ Medical Record # _________________________________ Name of Person with Disability (if different than patient) Nature of Disability: ❏ Deaf❏ Hard of Hearing❏ Speech Impairment❏ Other: _________________ Relationship to Patient: ❏ Self❏ Family member ❏ Friend ❏ Other: _________________ Please select the communication aid(s) you would like to assist you in communicating with CHRC staff. Your requests will be carefully addressed by CHRC staff. ❏ Interpreter on-site o American Sign Language (ASL) o Signed English o Oral interpreter ❏ Video Remote Interpreter (NexTalk) o American Sign Language (ASL) ❏ TTY/TDD (text telephone) ❏ Assistive listening device (sound amplifier) ❏ Telephone handset amplifier ❏ Telephone compatible with hearing aid ❏ Flasher for incoming calls (in patient’s room) ❏ Other. Explain: _________________________________________ XXXXX-XXXXX XXXX MONTELEONE Assistant United States Attorney Assistant Division Chief Civil Rights Chief, Civil Division XXXXXX X. XXXXXX Assistant United States Attorney For Arrowhead Regional Medical Center: By: ❏ No. I do not use sign language and/or do not use interpreters. ❏ No. I prefer to have only family members/friends help with communication. Name of family member/friend:____________________________________ XXXXXXXX XXXXXXXXX Xxxxxx❏ No. Please state other reason:_______________________________________. If you requested both an interpreter on-site and a video remote interpreter above, Xxxx Datedo you have a preference between the two? ❏ Yes, I prefer an interpreter on-site ❏ Yes, I prefer video remote interpreter ❏ No, I do not have a preference between the two If you have any questions, please call ______________ (voice), ______________ (TTY). Completed by: ______________________________ (Please print name) Signature:___________________________________ Date: _____________ Time: _____________ Cases & Matters ** If at any point during your stay, you wish to change any of the answers to the questions on this form, please notify _______________. Exhibit B RELEASE OF ADA CLAIMS For and in consideration of the acceptance of relief offered to me by ADA Title Coverage | Legal Documents by Type & Date | ADA Home PageCommonwealth Health and Rehab Center (“CHRC”) pursuant to a Settlement Agreement between the United States and CHRC: I, _________________, release and discharge CHRC from all legal and equitable claims under, arising out of, or related to the complaints concerning CHRC’s failure to provide effective communication in violation of the Americans with Disabilities Act. This Release will be considered null and void in the event that CHRC fails to send a check in the amount specified in the Settlement Agreement within ten (10) days of receipt of this signed Release. I HAVE READ THIS RELEASE AND UNDERSTAND THE CONTENTS THEREOF AND I EXECUTE THIS RELEASE OF MY OWN FREE ACT AND DEED. Signed this _______ day of ____________, 2013.

District Court. If the United States believes that this Agreement or any portion of it has been violated, it will raise its claim(s) in writing with ARMCXxxxx, and the parties will attempt to resolve the concern(s) in good faith. The United States will allow ARMC Xxxxx thirty (30) days from the date it notifies ARMC Xxxxx of any breach of this Agreement to cure said breach, prior to instituting any court action to enforce the ADA or the terms of the Agreement. Entire Agreement. This Agreement and the attachments hereto constitute 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, shall be enforceable. This Agreement is limited to the facts set forth herein and does not purport to remedy any other potential violations of the ADA or any other federal law. Binding. This Agreement is final and binding on the parties, including all principals, agents, executors, administrators, representatives, successors in interest, beneficiaries, assigns, heirs and legal representatives thereof. Each party has a duty to so inform any such successor in interest. Non-Waiver. Failure by any party to seek enforcement of this Agreement pursuant to its terms with respect to any instance or provision shall not be construed as a waiver to such enforcement with regard to other instances or provisions. The effective date of this Settlement Agreement is the date of the last signature below. This Agreement may be executed in counterparts, each of which constitutes an original and all of which constitute one and the same Agreement. Electronically transmitted signatures shall constitute acceptable, binding signatures for purposes of this Agreement. This 12th day of January 2016. For the United States of America: XXXXXX UNITED STATES Xxxx X. XXXXXX Xxxx United States Attorney XXXX X. XXXXXXX Northern District of Georgia /s/ Xxxxxx Xxxx Xxxxxx By Xxxxxx Xxxx Xxxxxx Assistant United States Attorney Chief, Civil Division By: ________________________________ XXXXX-XXXXX XXXX MONTELEONE Assistant United States Attorney Assistant Division Attorney’s Office For XXXXX MEMORIAL HOSPITAL /s/ Xxxx X. Xxxxxxx Xxxx X. Xxxxxxx Chief Civil Rights Chief, Civil Division XXXXXX Executive Officer Xxxxx Memorial Hospital /s/ Xxxx X. XXXXXX Assistant United States Attorney For Arrowhead Regional Medical Center: By: ________________________________ XXXXXXXX XXXXXXXXX Xxxxxx, Xxxxxx Xxxx Date:_____________________ Date: _____________________ X. Xxxxxx Xxxxxx & Bird LLP Counsel for Xxxxx Memorial Hospital Cases & Matters by ADA Title Coverage | Legal Documents by Type & Date | ADA Home Page

District Court. If the United States believes that this Agreement or any portion of it has been violated, it will raise its claim(s) in writing with ARMCHospital, and the parties will attempt to resolve the concern(s) in good faith. The United States will allow ARMC Hospital thirty (30) days from the date it notifies ARMC Hospital of any breach of this Agreement to cure said breach, prior to instituting any court action to enforce the ADA or the terms of the Agreement. Entire Agreement. This Agreement and the attachments hereto constitute 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, shall be enforceable. This Agreement is limited to the facts set forth herein and does not purport to remedy any other potential violations of the ADA or any other federal law. Binding. This Agreement is final and binding on the parties, including all principals, agents, executors, administrators, representatives, successors in interest, beneficiaries, assigns, heirs and legal representatives thereof. Each party has a duty to so inform any such successor in interest. Non-Waiver. Failure by any party to seek enforcement of this Agreement pursuant to its terms with respect to any instance or provision shall not be construed as a waiver to such enforcement with regard to other instances or provisions. For the United States of America: XXXXXX XXXXXXX X. XXXXXX XXXXXXXXXX United States Attorney XXXX X. By: /s/ Xxxxxxx Xxxxxxx XXXXXXX XXXXXXX Assistant United States Attorney Chief000 X. Xxxxxxxx Street 9th Floor Chicago, Civil Division Illinois 60604 DATED: 6/25 /2012 For NorthShore University HealthSystems By: /s/ Xxxx Xxxxx Xxxx Xxxxx, FACHE Vice President, Skokie Hospital NorthShore University HealthSystem DATED: 6/28/2012 Exhibit A Model Communication Assessment Form We ask this information so we can communicate effectively with Patients and/or Companions who are deaf or hard of hearing. All communication aids and services are provided FREE OF CHARGE. If you need further assistance, please ask your nurse or other Hospital Personnel. Date: Name of Patient or Companion: Nature of Disability: Deaf Hard of Hearing Speech Impairment Other: __________________ Relationship to Patient: Self Family member Friend Other: ________________ Does the person with a disability want an onsite professional sign language or oral interpreter? Yes. Choose one (free of charge): American Sign Language (ASL) Signed English Oral interpreter Other. Explain: _________________ No. Which of the following would be helpful for the person with a disability? (free of charge) TTY/TDD (text telephone) Assistive listening device (sound amplifier) Qualified note-takers Writing back and forth Other: Explain: __________________ If the person with a disability, or the Patient who the person with a disability is with, is ADMITTED to the hospital, which of the following should be provided in the patient room? Video remote interpreting Telephone handset amplifier Telephone compatible with hearing aid TTY/TDD Flasher for incoming calls Paper and pen for writing notes Other: Explain: __________________________________ XXXXX-XXXXX XXXX MONTELEONE Assistant United States Attorney Assistant Division Chief Civil Rights Chief, Civil Division XXXXXX X. XXXXXX Assistant United States Attorney For Arrowhead Regional Medical Center: By: Any questions? Please call _________(voice),_______________ (TTY), or visit us during normal business hours. We are located in room ____________________________ XXXXXXXX XXXXXXXXX Xxxxxx, Xxxx Date:_____________________ Date: _____________________ Cases & Matters by ADA Title Coverage | Legal Documents by Type & Date Barrier-Free Health Care Initiative | ADA Home Page

District Court. If the United States believes that this Agreement or any portion of it has the requirements thereof have been materially violated, it will raise its claim(s) in writing with ARMCSRMC, and the parties will attempt to resolve the concern(s) in good faith. The United States will allow ARMC SRMC thirty (30) days from the date it notifies ARMC SRMC of any breach of this Agreement to cure said breach, prior to instituting any court action to enforce the ADA or the terms of the Agreement. Entire Agreement. This Agreement and the attachments hereto constitute 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, shall be enforceable. This Agreement is limited to the facts set forth herein and does not purport to remedy any other potential violations of the ADA or any other federal law. Binding. This Agreement is final and binding on the parties, including all principals, agents, executors, administrators, representatives, successors in interest, beneficiaries, assigns, heirs and legal representatives thereof. Each party SRMC has a duty to so inform any such successor in interest. Non-Waiverinterest of this Agreement. Failure by any party the United States to seek enforcement of this Agreement pursuant to its terms with respect to any instance or provision shall not be construed as a waiver to such enforcement with regard to other instances or provisions. For The effective date of this Settlement Agreement is the United States date of Americathe last signature below. This Agreement may be executed in counterparts, each of which constitutes an original and all of which constitute one and the same Agreement. Electronically transmitted signatures shall constitute acceptable, binding signatures for purposes of this Agreement. FOR THE UNITED STATES: XXXXXX XXXX X. XXXXXX United States Attorney XXXX X. XXXXXXX Assistant United States Attorney Chief, Civil Division Eastern District of Virginia By: ________________________________ XXXXX-XXXXX XXXX MONTELEONE Assistant United States Attorney Assistant Division Chief Civil Rights Chief, Civil Division /s/ Xxxxxx Xxxxxx XXXXXX X. XXXXXX Assistant United States Attorney United States Attorney’s Office Eastern District of Virginia Xxxxxx X. Xxxxxxxx U.S. Attorney’s Bldg. 0000 Xxxxxxxx Xxxxxx Alexandria, Virginia 22314 Telephone: 000-000-0000 xxxxx.xxxxxx@xxxxx.xxx DATED: 12/1/17 For Arrowhead Regional Medical Center: SRMC By: ________________________________ XXXXXXXX XXXXXXXXX /s/ Xxxxxxx Xxxxx Xxxxxxx Xxxxx, Chief Executive Officer DATED: 11/29/17 APPROVED AS TO FORM Xxxxx X. Xxxxxxxx Xxxxxx & Bird LLP 0000 X. Xxxxxxxxx Xxxxxx, Xxxx Date:_____________________ Date: _____________________ XX Xxxxxxx XX 00000-0000 404-881-7278 Cases & Matters by ADA Title Coverage | Legal Documents by Type & Date | ADA Home Page

District Court. If the United States believes that this Agreement or any portion of it has been violated, it will raise its claim(s) in writing with ARMCFNC, and the parties will attempt to resolve the concern(s) in good faith. The United States will allow ARMC FNC thirty (30) days from the date it notifies ARMC FNC of any breach of this Agreement to cure said breach, prior to instituting any court action to enforce the ADA or the terms of the Agreement. Entire Agreement. This Agreement and the attachments hereto constitute 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, shall be enforceable. This Agreement is limited to the facts set forth herein and does not purport to remedy any other potential violations of the ADA or any other federal law. Binding. This Agreement is final and binding on the parties, including all principals, agents, executors, administrators, representatives, successors in interest, beneficiaries, assigns, heirs and legal representatives thereof. Each party FNC has a duty to so inform any such successor in interest. Non-Waiverinterest of this Agreement. Failure by any party the United States to seek enforcement of this Agreement pursuant to its terms with respect to any instance or provision shall not be construed as a waiver to such enforcement with regard to other instances or provisions. For The effective date of this Settlement Agreement is the United States date of America: XXXXXX the last signature below. This Agreement may be executed in counterparts, each of which constitutes an original and all of which constitute one and the same Agreement. Electronically transmitted signatures shall constitute acceptable, binding signatures for purposes of this Agreement. FOR THE UNITED STATES OF AMERICA XXXX X. XXXXXX United States Attorney XXXX X. XXXXXXX Assistant United States Attorney Chief, Civil Division Eastern District of Virginia By: ________________________________ XXXXX-XXXXX XXXX MONTELEONE Assistant United States Attorney Assistant Division Chief Civil Rights Chief, Civil Division XXXXXX X. XXXXXX Assistant United States Attorney For Arrowhead Regional Medical CenterUnited States Attorney’s Office Eastern District of Virginia Xxxxxx X. Xxxxxxxx U.S. Attorney’s Bldg. 0000 Xxxxxxxx Xxxxxx Alexandria, Virginia 22314 Telephone: By000-000-0000 xxxxx.xxxxxx@xxxxx.xxx DATED: _______________ FOR FAIRFAX NURSING CENTER, INC. DATED:________________ BY: ________________________________ XXXXXXXX XXXXXXXXX Xxxxxx, Xxxx Date:_____________________ Date: _____________________ Xxxxxx Xxxxxx President Cases & Matters by ADA Title Coverage | Legal Documents by Type & Date | ADA Home Page

District Court. If the United States believes that this Agreement or any portion of it has been violated, it will raise its claim(s) in writing with ARMCHCA, and the parties will attempt to resolve the concern(s) in good faith. The United States will allow ARMC HCA thirty (30) days from the date it notifies ARMC HCA of any breach of this Agreement to cure said breach, prior to instituting any court action to enforce the ADA or the terms of the Agreement. Entire Agreement. This Agreement and the attachments hereto constitute 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, shall be enforceable. This Agreement is limited to the facts set forth herein and does not purport to remedy any other potential violations of the ADA or any other federal law. Binding. This Agreement is final and binding on the parties, including all principals, agents, executors, administrators, representatives, successors in interest, beneficiaries, assigns, heirs heirs, and legal representatives thereof. Each party has a duty to so inform any such successor in interest. Non-Waiver. Failure by any party to seek enforcement of this Agreement pursuant to its terms with respect to any instance or provision shall not be construed as a waiver to such enforcement with regard to other instances or provisions. For Effective Date. The effective date of this Agreement is the United States date of Americathe last signature below. Execution. This Agreement may be executed in counterparts, each of which constitutes an original and all of which constitute one and the same Agreement. Electronically transmitted signatures shall constitute acceptable, binding signatures for purposes of this Agreement. FOR WASHINGTON STATE HEALTH CARE AUTHORITY /s/ Xxx Xxxxx Xxx Xxxxx Director /s/ Xxxxx Xxxxxxx Xxxxx Xxxxxxx Assistant Attorney General Date: XXXXXX X. XXXXXX United States Attorney XXXX X. XXXXXXX Date: FOR THE UNITED STATES /s/ Xxxxxxxxx Xxxx Assistant United States Attorney Chief, Civil Division By: ________________________________ XXXXX-XXXXX XXXX MONTELEONE Assistant United States Attorney Assistant Division Chief Civil Rights Chief, Civil Division XXXXXX X. XXXXXX Assistant United States Attorney For Arrowhead Regional Medical Center: By: ________________________________ XXXXXXXX XXXXXXXXX Xxxxxx, Xxxx Date:_____________________ Attorney's Office Date: _____________________ 6/12/18 Cases & Matters by ADA Title Coverage | Legal Documents by Type & Date | ADA Home Page