United States of America v. Ahold USA, Inc. and Peapod, LLC - Settlement Agreement

REPORTING AND ENFORCEMENT

21. Within nine (9) months after the Effective Date of this Agreement, and every twelve (12) months thereafter for the term of this Agreement, the Website Accessibility Coordinator shall submit a report in electronic format to the United States detailing Peapod's compliance or lack thereof with this Agreement, including the requirements identified in Paragraphs 11-20. Each report shall include an explanation of each action Peapod has taken in response to each comment provided by users of http://www.peapod.com/and its mobile applications pursuant to Paragraph 15, or if no action is taken in response to a particular comment, Peapod shall include an explanation why.

22. All notices and reports that Peapod is required to send to counsel for the United States under this Agreement, shall be sent by Federal Express courier mail, prepaid delivery, to: United States Department of Justice, Civil Rights Division, Disability Rights Section - 1425 New York Avenue, N.W., 4th Floor, Washington, D.C. 20005.

23. If the United States and Peapod have a dispute concerning this Agreement or if they disagree about any provision under which the Parties are required to come to an agreement under this Agreement (e.g., the identity of the Website Accessibility Consultant), or if Peapod believes that compliance with the obligations of Paragraph 12 with respect to new features on its website or mobile application would result in an undue burden or fundamental alteration, after following the procedures set out in this Agreement, the Parties shall meet and confer in a good-faith effort to resolve the dispute or disagreement. If the Parties are unable to reach agreement after 60 days of good-faith negotiations, the United States may use the procedure set out in Paragraph 24 below.

24. 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 Peapod and the Parties will attempt to resolve the concerns in good faith. The United States will provide Peapod thirty (30) days from the date it notifies Peapod 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 III of the ADA.

25. This Agreement shall become effective as of the date of the last signature below and shall remain in effect for three (3) years from that date.

26. This Agreement does not purport to remedy any violations or potential violations of the ADA or any other federal or state law other than those relating to the accessibility of www.peapod.com and Peapod's mobile applications to individuals with disabilities.

27. This Agreement contains the entire agreement of the United States and Peapod concerning the subject matter described in Paragraphs 2-4, 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, and concerns the subject matter described in Paragraphs 2-4, shall be enforceable.

28. 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 applicable law its original intent and shall not, in any event, affect any other provisions, all of which shall remain valid and enforceable to the fullest extent permitted by applicable law.

29. This Agreement shall be binding on Peapod and its agents and employees. In the event that Peapod seeks to transfer or assign all or part of its interest in any service covered by this Agreement, and the successor or assign intends on carrying on the same or similar use of www.peapod.com or mobile applications, then as a condition of sale, the corporation shall obtain the written accession of the successor or assign to any obligations remaining under this Agreement for the remaining term of this Agreement.

30. Failure by the United States to seek enforcement of this Agreement pursuant to its terms with respect to any instance or provision shall not be construed as a waiver to such enforcement with regard to other instances or provisions.

31. Peapod shall provide a copy of the Agreement to any person upon request.

32. The Definitions attached to this Agreement as Exhibit B are incorporated within the terms of this Agreement.

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

AGREED AND CONSENTED TO:

FOR THE UNITED STATES:

VANITA GUPTA
Acting Assistant Attorney General
EVEL. HILL
Deputy Assistant Attorney General
Civil Rights Division

REBECCA B. BOND, Chief
SHEILA M. FORAN, Special Legal Counsel
AMANDA MAISELS, Deputy Chief
Disability Rights Section
Civil Rights Division

                                      

EUGENIA ESCH
DOVLUTZKER
WILLIAM F. LYNCH
Trial Attorneys
Disability Rights Section
Civil Rights Division
U.S. Department of Justice

950 Pennsylvania Avenue, N.W. -NYA

Washington, DC 20530

(202) 307-0663 (Phone)

(202) 305-9775 (Fax)

FOR AHOLD U.S.A .. Inc. and PEAPOD, LLC:

Thomas Hippler
Executive Vice President and General Counsel, Ahold USA and Peapod LLC