Settlement Agreement Between the United States of America, Louisiana Tech University, and the Board of Supervisors for the University of Louisiana System Under the Americans with Disabilities Act

OTHER PROVISIONS

1. In consideration for this Agreement, the United States will not institute any civil action alleging discrimination based on the allegations contained in DJ #204-33-116, except as provided in the immediately following paragraph.

2. The United States may review the University’s compliance with this Agreement or title II of the ADA 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 the other parties to this Agreement, and the parties will attempt to resolve the concerns in good faith. The United States will provide the University thirty (30) days from the date it notifies the University 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 II of the ADA.

3. Failure by the United States to enforce any of the provisions of this Agreement shall not be construed as a waiver of the right to do so with regard to other provisions of this Agreement.

4. If any term of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect. However, if the severance of any such provision materially alters the rights or obligations of the parties, the Department 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 negotiated terms.

5. A signatory to this document in a representative capacity for any party represents that he or she is authorized to bind that party to this Agreement.

6. This Agreement constitutes the entire agreement between the parties on the matters raised herein, 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 any attachments, shall be enforceable.

7. 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 the University’s obligation to otherwise comply with the requirements of the ADA.