Common use of IMPLEMENTATION AND ENFORCEMENT Clause in Contracts

IMPLEMENTATION AND ENFORCEMENT. 11. The United States may review compliance with this Agreement at any time. The Township agrees to cooperate with any such review. Upon reasonable notice by the United States to the Township, the Township shall permit representatives of the United States to inspect and copy all non-privileged, pertinent records of the Township, including, but not limited to, those records referenced above in Paragraph 10. 12. The Parties shall endeavor in good faith to resolve informally any differences regarding interpretation of or compliance with this Agreement prior to initiating court action. If either Party believes that the other, or any of its representatives, has failed to perform in a timely manner any act required by this Agreement, or has otherwise not acted in conformance with any provision thereof, whether intentionally or not, then that Party shall notify the other, in writing, of its concerns. The Party so notified shall have fifteen (15) days from the date of the written notification to either perform the requested action or to contact the Party that issued the notice to discuss and resolve any questions or issues raised in the written notice. 13. If the Parties are unable to reach a resolution within that fifteen (15) day period, pursuant to Paragraph 12, either Party may move to restore the present Civil Action to the active docket of the U.S. District Court for the Eastern District of Pennsylvania for resolution of the disagreement. If the Court declines to restore the Civil Action to the active docket in response to a Party’s motion pursuant to this Paragraph or otherwise declines to exercise jurisdiction to resolve the Parties’ disagreement, then either Party may pursue whatever cause of action, if any, that it otherwise would have under federal law to resolve the dispute. In addition, either party may, within ninety (90) days of the entry of the Order of the Court dated August 9, 2017, move to vacate, modify or strike from the record said Order, pursuant to Local Rule 41.1(b) of the Eastern District of Pennsylvania. 14. Appropriate remedies for breach of this agreement may include, but are not limited to, an order mandating specific performance of any term or provision in this Agreement, without regard to whether monetary relief would be adequate. In the event of a breach, defenses under theories of claim preclusion, issue preclusion, statute of limitations, estoppel, laches, or similar defenses shall not be raised. 15. Failure to enforce any provision of this Agreement shall not operate as a waiver of either Party’s right or ability to take steps to effectuate any other provision of this Agreement.

IMPLEMENTATION AND ENFORCEMENT. 11. The United States may review compliance with this Agreement at any time. The Township agrees to cooperate with any such review. Upon reasonable notice by the United States to the Township, the Township shall permit representatives of the United States to inspect and copy all non-privileged, pertinent records of the Township, including, but not limited to, those records referenced above in Paragraph 10. 12. The Parties shall endeavor in good faith to resolve informally any differences regarding interpretation of or compliance with this Agreement prior to initiating court action. If either Party believes that the other, or any of its representatives, has failed to perform in a timely manner any act required by this Agreement, or has otherwise not acted in conformance with any provision thereof, whether intentionally or not, then that Party shall notify the other, in writing, of its concerns. The Party so notified shall have fifteen (15) days from the date of the written notification to either perform the requested action or to contact the Party that issued the notice to discuss and resolve any questions or issues raised in the written notice. 13. If the Parties are unable to reach a resolution within that fifteen (15) day period, pursuant to Paragraph 12, either Party may move to restore the present Civil Action to the active docket of the U.S. District Court for the Eastern District of Pennsylvania for resolution of the disagreement. If the Court declines to restore the Civil Action to the active docket in response to a Party’s motion pursuant to this Paragraph or otherwise declines to exercise jurisdiction to resolve the Parties’ disagreement, then either Party may pursue whatever cause of action, if any, that it otherwise would have under federal law to resolve the dispute. In addition, either party may, within ninety (90) days of the entry of the Order of the Court dated August 9, 2017, move to vacate, modify or strike from the record said Order, pursuant to Local Rule 41.1(b) of the Eastern District of Pennsylvania.Pennsylvania.‌ 14. Appropriate remedies for breach of this agreement may include, but are not limited to, an order mandating specific performance of any term or provision in this Agreement, without regard to whether monetary relief would be adequate. In the event of a breach, defenses under theories of claim preclusion, issue preclusion, statute of limitations, estoppel, laches, or similar defenses shall not be raised. 15. Failure to enforce any provision of this Agreement shall not operate as a waiver of either Party’s right or ability to take steps to effectuate any other provision of this Agreement.