SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND 360 FEDERAL CREDIT UNION UNDER THE AMERICANS WITH DISABILITIES ACT

ENFORCEMENT

32. If at any time THE CREDIT UNION desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the United States in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. All modifications to the Agreement must receive the prior written approval of the United States, which approval shall not be unreasonably withheld or delayed. Until there is written agreement by the United States to the proposed modification, the proposed modification will not take effect.

33. The United States may review compliance with this Agreement at any time, including, but not limited to, testing of any THE CREDIT UNION services, locations, or facilities. If the United States believes that THE CREDIT UNION has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the United States for a modification of the relevant terms, the United States will so notify THE CREDIT UNION in writing, and it will attempt to resolve the issue or issues in good faith. If the United States is unable to reach a satisfactory resolution of the issue or issues raised within sixty (60) days of the date it provides notice to THE CREDIT UNION, it may institute a civil action in federal court to enforce the terms of this Agreement or title III and may, in such action, seek any relief available under law.

34. Failure by the United States to enforce this Agreement with regard to any deadline or any other provision will not be construed as a waiver of the United States' right to enforce other deadlines and provisions of this Agreement.

35. A copy of this Agreement, including Exhibit A, will be made available to any person by THE CREDIT UNION or the United States on request.

36. This Agreement, including Exhibit A, shall be binding on THE CREDIT UNION and its agents, employees, associates, and contractors. In the event THE CREDIT UNION seeks to transfer or assign all or part of its interest in any THE CREDIT UNION location or service covered by this Agreement, and the successor or assignee intends on carrying on the same or similar use of the facility, as a condition of sale, THE CREDIT UNION shall obtain the written accession of the successor or assignee to any obligation remaining under this Agreement for the remaining term of this Agreement.

37. This Agreement, including Exhibit A, constitutes the entire agreement between the United States and THE CREDIT UNION on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or their respective agents, that is not contained in this written Agreement, will be enforceable. This Agreement does not affect THE CREDIT UNION's continuing responsibility to comply with all aspects of the ADA and other federal laws.

38. This Agreement will remain in effect for two (2) years.

39. The person signing this Agreement for THE CREDIT UNION represents that he or she is authorized to bind THE CREDIT UNION to this Agreement.

40. The Effective Date of this Agreement is the date of the last signature below.