SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND FLORIDA STATE UNIVERSITY DJ No. 205-17-13

III. IMPLEMENTATION AND ENFORCEMENT

25. 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, such concerns will be brought to the attention of FSU, and the parties will attempt to resolve the concerns in good faith.  The United States will provide FSU thirty (30) days from the date it notifies FSU of any breach of this Agreement to cure that breach before instituting a civil action in the appropriate United States District Court to enforce this Agreement or to otherwise enforce Title I of the ADA.

26. This Agreement is not intended to remedy any other violations or potential violations of the ADA or any other federal or state law other than the violations alleged by the United States in this Agreement.

27. This Agreement contains the entire agreement between the United States and FSU on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by any party or agent of any party, that is not contained in this Agreement shall be enforceable.

28. This Agreement does not affect FSU’s continuing responsibility to comply with all aspects of the ADA.

29. If any provision of this Agreement is determined to be invalid, unenforceable, or otherwise contrary to applicable law, such provision shall be deemed restated to reflect as nearly as possible, and to the fullest extent permitted by law, its original intent, and shall not affect any other provisions of the Agreement, all of which shall remain in full force and effect. 

30. Failure by the United States to seek enforcement of any provision of this Agreement shall not be construed as a waiver of the United States’ right to enforce other provisions of this Agreement. 

31. A copy of this Agreement or any information contained herein may be made available to any person, and the FSU shall provide a copy of the Agreement to any person upon request.

32. The effective date of this Agreement is the date of the last signature below.

33. The duration of this Agreement shall be three (3) years from the effective date.

34. This Agreement shall be binding upon FSU, its agents, and employees.

35. The signatories represent that they have the authority to bind the respective parties identified below to the terms of this Agreement.