Common use of Enforcement and Reporting Clause in Contracts

Enforcement and Reporting. 27. At any time during the term of this Agreement, the United States reserves the right to inspect, with reasonable notice to counsel, the University´s campus, and to request campus records and documentation of compliance with this Agreement. The United States acknowledges that students are entitled to 24 hours notice of an inspection of a University residential facility. 28. Commencing in 2010, and during the term of this Agreement, the University shall provide the United States with an annual report - due on or before November 15 of each year - that lists every project for new construction or alteration (as defined by the ADA or the regulation), and that lists all work done pursuant to the Plan. 29. In addition to the reports required by paragraph 28, by no later than 30 days after the deadline in paragraph 10, the University shall provide the United States with a detailed written report, including digital photographs where appropriate, that demonstrates compliance with the provisions of that paragraph. 30. By no later than September 15, 2016, the University shall provide the United States with a detailed written report, including digital photographs, that demonstrates compliance with the Physical Access Plan. The report does not need to address items that the University previously produced in reports pursuant to paragraphs 28 and 29. That report shall also indicate any areas of noncompliance with the Physical Access Plan as well as the dates when those areas will become compliant with the Physical Access Plan. 31. If, based on the reports provided by the University pursuant to this Agreement or other information, the United States finds that the University has failed to comply with the Agreement, the United States agrees to notify the University in writing of the alleged noncompliance and attempt to seek a resolution of the matter with the University. If the parties are unable to reach a resolution within thirty days of the date of the United States´ written notification, the United States may seek enforcement of the terms of this Agreement in the United States District Court for the District of Louisiana. Alternatively, should the parties be unable to reach a resolution within 30 days of the date of the United States´ written notification, the United States may bring an action to enforce compliance with the ADA and its implementing regulation. 32. If, during the implementation of the Plan, the University determines that, due to reasons beyond its control, (including funding limitations that rise to the level of an undue financial or administrative burden 28 C.F.R. § 35.150(3), it cannot comply with certain, limited aspects of the Plan by the dates set forth in the Plan, the University may seek a reasonable extension of time to complete the work, and the United States will not unreasonably withhold its consent. 33. This Agreement constitutes the entire agreement between the parties relating to the Department´s title II investigation and compliance review referenced in Paragraph 1 above, and Department of Justice Matter Number ▇▇▇-▇▇-▇▇▇, and 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, including its attachments, shall be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the University´s continuing responsibility to comply with all aspects of the ADA. 34. Failure by the United States to enforce this entire Agreement, or any provision thereof with regard to any deadline or any other provision herein, shall not be construed as a waiver of the United States´ right to enforce other deadlines and provisions of this Agreement. 35. If any term of this Settlement Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect, provided, however, that if the severance of any such provision materially alters the rights or obligations of the parties, the Department of Justice and the University shall engage in good faith negotiations in order to adopt mutually agreeable amendments to this Agreement as may be necessary to restore the parties as closely as possible to the initially agreed upon relative rights and obligations.

Enforcement and Reporting. 27. At any time during the term effective dates of this Agreement, the United States reserves the right to inspectinspect the College's campus, with reasonable notice to counsel, the University´s campusrequest access to records, and to request campus records and documentation of compliance with this AgreementAgreement upon reasonable notice to the College. The United States acknowledges that students are entitled to 24 hours notice of an inspection of a University residential facility. 28. Commencing in 2010, and during During the term effective dates of this Agreement, the University College shall provide the United States with an annual report - due on or before November 15 October 1 of each year - that lists every project for new construction or alteration (as defined by project that has commenced, or for which plans have been developed, during the ADA or the regulation), and that lists all work done pursuant to the Plan. 29preceding fiscal year. In addition to addition, the College shall maintain the written evaluations and reports required by paragraph 28this Agreement for the duration of this Agreement, by no later than 30 days after the deadline in paragraph 10and upon request, the University shall provide copies of any report(s) to the United States with within 30 days of a detailed written report, including digital photographs where appropriate, that demonstrates compliance with the provisions of that paragraph. 30request. By no later than September October 15, 20162013, the University College shall provide the United States with a detailed written report, including digital photographs, that demonstrates compliance with the Physical Access Plan. The report does not need to address items that the University previously produced in reports pursuant to paragraphs 28 and 29. That report shall also indicate any areas of noncompliance non-compliance with the Physical Access Plan as well as the dates when that those areas will become compliant with the Physical Access Plan. 31. If, based on the reports provided by the University College pursuant to this Agreement Agreement, or other information, the United States finds that the University College has failed to comply with the Agreement, the United States agrees to notify the University College in writing of the alleged noncompliance and attempt to seek a resolution of the matter with the UniversityCollege. If the parties are unable to reach a resolution within thirty 30 days of the date of the United States´ written States'written notification, the United States may seek enforcement of the terms of this Agreement agreement in the United States District Court for the Eastern District of LouisianaPennsylvania. Alternatively, should the parties be unable to reach a resolution within 30 days of the date of the United States´ ' written notification, the United States may bring an action to enforce compliance with the ADA and its implementing regulation. 32. If, during Nothing in this Agreement waives the implementation right of the Plan, the University determines that, due to reasons beyond its control, (including funding limitations that rise to the level of an undue financial or administrative burden 28 C.F.R. § 35.150(3), it cannot comply with certain, limited aspects of the Plan by the dates set forth in the Plan, the University may seek a reasonable extension of time to complete the work, and the United States will not unreasonably withhold its consent. 33to bring a civil action to enforce this Agreement or any provision thereof. This Agreement constitutes the entire agreement between the parties relating to the Department´s Department's title II investigation and III compliance review referenced in Paragraph paragraph 1 above, and Department of Justice Matter Number ▇▇▇-▇▇-▇▇▇, and no other statement, promise, or agreement, either written or oral, made by any party or agents of or any party that is not contained in this written Agreement, including its attachments, shall be enforceable. This Agreement agreement does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the University´s College's continuing responsibility to comply with all aspects of the ADA. 34. Failure by the United States to enforce this entire Agreement, or any provision thereof with regard to any deadline or any other provision herein, shall not be construed as a waiver of the United States´ ' right to enforce other deadlines and provisions of this Agreement. 35. agreement If any term of this Settlement Agreement is determined by any court to be unenforceable, ,the other terms of this Agreement shall nonetheless remain in full force and effect, ,provided, however, that if the severance of any such provision materially alters the rights or obligations of the parties, the Department of Justice and the University College shall engage in good faith negotiations in order to adopt mutually agreeable amendments to this Agreement agreement as may be necessary to restore the parties as closely as possible to the initially agreed upon relative rights and obligations.. This Agreement shall be binding on the College, its agents, its employees, and any successors or assigns. In the event that the College seeks to transfer or assign any facility owned by it as of the date of this Agreement, and the successor or assign intends to continue the same or similar use of the facility, as a condition of sale, the College shall obtain the written accession of the successor or assign to any obligations remaining under this Agreement for the remaining term of this Agreement. This Agreement is effective as of the date of the last signature below and for six year sand three months from that date. For Swarthmore College: For the United States of America: