SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND BLOCKBUSTER INC.DEPARTMENT OF JUSTICE COMPLAINT NUMBER 202-35-231

ENFORCEMENT

22. If at any time Blockbuster 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. Until there is written agreement by the United States to the proposed modification, the proposed modification will not take effect. These actions must receive the prior written approval of the United States, which approval shall not be unreasonably withheld or delayed.

23. The United States may review compliance with this Agreement at any time, including but not limited to testing at any Blockbuster stores. If the United States believes that Blockbuster 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 Blockbuster 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 Blockbuster, 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.

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

25. A copy of this document, including attachments, will be made available to any person by Blockbuster or the United States on request.

26. This Agreement shall be binding on the United States and Blockbuster and its agents, employees, contractors, successors, and assigns.

27. This Agreement, including Attachments A, and B, 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 Agreement, will be enforceable. This Agreement resolves Department of Justice complaint 202-35-231 and does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect Blockbuster´s continuing responsibility to comply with all aspects of the ADA.

28. The person signing this Agreement for Blockbuster represents that he or she is authorized to bind Blockbuster to this Agreement.

29. This Agreement will remain in effect for three (3) years.

30. The effective date of this Agreement is the date of the last signature.