Common use of IMPLEMENTATION AND ENFORCEMENT Clause in Contracts

IMPLEMENTATION AND ENFORCEMENT. 27. In consideration of the terms of this Agreement, the United States agrees to refrain from filing a civil suit in this matter, except as provided in paragraph 28 of this Agreement. 28. The United States may review compliance with this Agreement at any time. If the United States believes that this Agreement or any portion of it has been violated, the United States will raise its concern with Pomona and will attempt to resolve its concern with Pomona in good faith. If the United States is unable to reach a satisfactory resolution of the issue or issues within 30 days of the date it provides notice to Pomona, the United States may institute a civil action in federal district court. 29. For the purposes of the immediately preceding paragraph, it is a violation of this Agreement for Pomona to fail to comply in a timely manner with any of the requirements in this Agreement without obtaining sufficient advance written agreement with the United States for an extension of the relevant timeframe imposed by the Agreement. 30. Failure by the United States to enforce any provision of this Agreement will not be construed as a waiver of the United States’ right to enforce that provision or any other provision of this Agreement. 31. This Agreement is applicable to and binding on Pomona, including its officers, agents, employees, transferees, successors, and assigns. In the event that Pomona seeks to transfer or assign ownership or responsibility for the operation of the Station, or any part of it, Pomona shall obtain the written accession of the successor or assignee to any obligations remaining under this Agreement for the remaining term of this Agreement. 32. This Agreement constitutes the entire agreement between the parties. This Agreement shall not be considered an admission of wrongdoing or liability by Pomona but is entered into to resolve a disputed claim. No other statement, promise, or agreement, either written or oral, made by any party or agents of any party, that is not contained in this written Agreement shall be enforceable. 33. This Agreement is not intended to remedy any other potential violations of the ADA or any other law that is not specifically addressed in this Agreement. Nothing in this Agreement changes Pomona’s obligation to comply with the requirements of the ADA. 34. All notices, demands, or other communications, including reporting materials, to be provided under this Agreement shall be in writing and delivered by email or overnight delivery to the following persons and addresses (or such other persons and addresses as any party may designate in writing from time to time): ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Assistant United States Attorney Civil Rights Section, Civil Division United States Attorney’s Office for the Central District of California ▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ Los Angeles, CA 90012 ▇▇▇▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Human Resources/Risk Management Director Pomona City Hall ▇▇▇ ▇. ▇▇▇▇▇ Avenue Pomona, CA 91766 35. This is a public document and may be made available to the public by either party. 36. The effective date of this Agreement is the date of the last signature below. 37. This Agreement shall remain in effect for three years from its effective date. 38. Notwithstanding the previous paragraph, this Agreement will terminate earlier than three years if the USAO determines that Pomona has demonstrated durable compliance with the obligation to make the Station accessible to and useable by individuals with disabilities, including individuals who use wheelchairs. 39. The parties may agree in writing to extend any applicable deadlines specified in this Agreement, as well as the duration of this Agreement. The United States will not unreasonably deny requested extensions, if made reasonably in advance of any deadline, so long as Pomona acts diligently and in good faith to meet the requirements of this Agreement.

IMPLEMENTATION AND ENFORCEMENT. 2725. In consideration of the terms of this Agreement, the United States agrees to refrain from filing a civil suit in this matter, except as provided in paragraph 28 of this Agreement. 2826. The United States may review compliance with this Agreement at any time. If the United States believes that this Agreement or any portion of it has been violated, the United States will raise its concern with Pomona Fullerton and will attempt to resolve its concern with Pomona Fullerton in good faith. If the United States is unable to reach a satisfactory resolution of the issue or issues within 30 days of the date it provides notice to PomonaFullerton, the United States may institute a civil action in federal district court. 2927. For the purposes of the immediately preceding paragraph, it is a violation of this Agreement for Pomona Fullerton to fail to comply in a timely manner with any of the requirements in this Agreement without obtaining sufficient advance written agreement with the United States for an extension of the relevant timeframe imposed by the Agreement. 3028. Failure by the United States to enforce any provision of this Agreement will not be construed as a waiver of the United States’ right to enforce that provision or any other provision of this Agreement. 3129. This Agreement is applicable to and binding on PomonaFullerton, including its officers, agents, employees, transferees, successors, and assigns. In the event that Pomona Fullerton seeks to transfer or assign ownership or responsibility for the operation of the Station, or any part of it, Pomona Fullerton shall obtain the written accession of the successor or assignee to any obligations remaining under this Agreement for the remaining term of this Agreement. 3230. This Agreement constitutes the entire agreement between the parties. This Agreement shall not be considered an admission of wrongdoing or liability by Pomona Fullerton but is entered into to resolve a disputed claim. No other statement, promise, or agreement, either written or oral, made by any party or agents of any party, that is not contained in this written Agreement shall be enforceable. 3331. This Agreement is not intended to remedy any other potential violations of the ADA or any other law that is not specifically addressed in this Agreement. Nothing in this Agreement changes Pomona’s ▇▇▇▇▇▇▇▇▇’▇ obligation to comply with the requirements of the ADA. 3432. All notices, demands, or other communications, including reporting materials, to be provided under this Agreement shall be in writing and delivered by email or overnight delivery to the following persons and addresses (or such other persons and addresses as any party may designate in writing from time to time): ▇▇▇▇▇ ▇▇▇ . ▇▇▇▇▇▇▇ Assistant United States Attorney Chief, Civil Rights Section, Civil Division United States Attorney’s Office for the Central District of California ▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ Los Angeles, CA 90012 ▇▇▇▇▇.▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇ ▇▇▇ ▇▇▇▇▇▇ Director of Public Works City of Fullerton ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ Human Resources/Risk Management Director Pomona City Hall ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ With a copy to: ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ & ▇▇▇▇▇ ▇▇▇▇ ▇. ▇▇▇▇▇▇ Avenue Pomona▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, CA 91766▇▇ ▇▇▇▇▇ ▇▇▇@▇▇▇▇▇-▇▇▇▇▇.▇▇▇ 3533. This is a public document and may be made available to the public by either party. 3634. The effective date of this Agreement is the date of the last signature below. 3735. If at any time Fullerton seeks 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 United States in a 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 United States to the proposed modification, the proposed modification will not take effect. The United States’ approval will not be unreasonably withheld or delayed. 36. This Agreement shall remain in effect for three years from its effective date, unless modified through an amendment process. 3837. Notwithstanding the previous paragraph, this Agreement will terminate earlier than three years if the USAO determines that Pomona Fullerton has demonstrated durable compliance with the obligation to make the Station accessible to and useable by individuals with disabilities, including individuals who use wheelchairs. 39. The parties may agree in writing to extend any applicable deadlines specified in this Agreement, as well as the duration of this Agreement. The United States will not unreasonably deny requested extensions, if made reasonably in advance of any deadline, so long as Pomona acts diligently and in good faith to meet the requirements of this Agreement.