SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND OLYMPIA ENTERTAINMENT, INC. REGARDING JOE LOUIS ARENA

VI. IMPLEMENTATION AND ENFORCEMENT OF AGREEMENT

46. The Attorney General of the United States is authorized, pursuant to 42 U.S.C. §12188(b)(1)(B), to bring a civil action under title III, enforcing the ADA in any situation where a pattern or practice of discrimination is believed to exist or a matter of general public importance is raised.  In consideration of the terms of this Settlement Agreement, the United States agrees to refrain from filing civil suit under title III in this matter regarding the specific issues discussed herein, except as provided in paragraph 48.

47. The United States may review compliance with this Settlement Agreement at any time.  

48. If the United States believes that this Settlement Agreement or any requirement thereof has been violated, it agrees to notify Olympia in writing of the specific violation(s) alleged.  Olympia shall have thirty (30) days from its receipt of the notice to cure and/or respond in writing to the United States regarding the alleged violation(s).  If, after further discussion with Olympia, the United States believes that Olympia has violated the Settlement Agreement, the United States may institute a civil action for relief in federal district court (subject to any and all defenses and claims of Olympia), and the United States is authorized to seek civil penalties for any violation of this Settlement Agreement, pursuant to 42 U.S.C. §12188(b)(2)(C).

49. By December 31, 2014, Olympia shall certify to the United States, in writing, that it has fulfilled to completion its obligations set forth in paragraph 22 through 36 inclusive, of this Settlement Agreement.  The certification shall describe the steps that were taken to fulfill those obligations and shall be accompanied by photographs depicting the completed barrier removal work.  The parties expressly agree that providing such certification is essential to the enforcement of this Settlement Agreement, and that a failure to provide the certification required by this paragraph constitutes a breach of this Settlement Agreement sufficient to warrant the penalties set out in paragraph 48.

50. All notices, demands, reports or other communication to be provided to the United States and Olympia pursuant to this Settlement Agreement shall be in writing and delivered by U.S. mail or electronic mail to the following:

To the United States:
Susan K. DeClercq, Assistant U.S. Attorney
U.S. Attorney’s Office
211 W. Fort Street, Ste. 2001
Detroit, MI  48226
Email:  susan.declercq@usdoj.gov

To Olympia:
Robert E. Carr, Senior Vice President Legal Affairs
Olympia Entertainment, Inc.
2211 Woodward Ave.
Detroit, Michigan 48226
Email:  robert.carr@olyent.co

51. This Settlement Agreement is a public document.  A copy of this document or any information contained in it may be made available to any person.

52. Failure by the Department of Justice to enforce this entire Settlement Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of its right to do so with regard to other deadlines and provisions of this Settlement Agreement.

53. This Settlement 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 either party or agents of either party, that is not contained in this written Settlement Agreement, shall be enforceable.

54. This Settlement Agreement is limited to the facts set forth herein and it does not purport to remedy any other potential violations of the Americans with Disabilities Act or any other Federal law.  This Settlement Agreement does not affect the continuing responsibility of Olympia to comply with all aspects of the Americans with Disabilities Act, including readily achievable barrier removal.

55. If any provision of this Settlement Agreement is determined by any court to be unenforceable, the other terms of this Settlement 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 United States and Olympia shall engage in good faith negotiations in order to adopt such mutually agreeable amendments to this Settlement Agreement as may be necessary to restore the parties as closely as possible to the initially agreed-upon relative rights and obligations.

56. This Settlement Agreement is a compromise of claims, and it is not intended to reflect any legal interpretation of any provision of the ADA by the United States and cannot be used in any proceeding to demonstrate such legal interpretations.

57. A signor of this document in a representative capacity for an entity represents that he or she is authorized to bind such entity to this Settlement Agreement. It is further agreed and represented that both Olympia and the United States have been duly authorized to enter into and to be bound by this Settlement Agreement.

58. This Settlement Agreement shall be binding on Olympia and its successors in interest in operation of the Joe Louis Arena, and Olympia has a duty to so notify all such successors in interest.  Olympia shall be fully discharged and released from any duties and obligations relating to Joe Louis Arena pursuant to this Settlement Agreement upon its conveyance/assignment of its interest in the Joe Louis Arena.

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

60. This Settlement Agreement shall remain in effect until the latter of (i) the completion and approval by the United States of Olympia’s relocation, new construction, or renovation as set forth in paragraph 42 (a)-(e); or (ii) final resolution of the United States’ claim against the Olympia should the United States elect to proceed to seek further relief pursuant to paragraph 48.