SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE BOARD OF ELECTION COMMISSIONERS FOR THE CITY OF CHICAGO, ILLINOIS

Enforcement Provisions

35. If at any time one of the Parties to this Agreement desires to modify any portion of this Agreement, it will promptly notify the other Party in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. An in-person meeting between the Parties will be held at the request of either Party. The Party receiving a request to modify the Agreement will not unreasonably delay notifying the requesting Party as to whether it will agree to the proposed modification. No modification will take effect unless and until the Parties memorialize the agreed-upon modification in writing.

36. In consideration of the mutual promises contained in this Agreement, good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to avoid the costs, expenses, and uncertainty of protracted litigation, the Parties, intending to be legally bound, enter into this Agreement.

37. In consideration of, and consistent with the terms of this Agreement, the Department agrees to refrain from filing any civil suit related to the accessibility of Chicago's polling places for voters with disabilities until the day after four years from the effective date of this Agreement, except as provided in Paragraph 38 of this Agreement.

38. The Deployment may review compliance with this Agreement at any time. If the Department believes that the Board has failed to substantially comply in a timely manner with any requirement of this Agreement, the Department will so notify the Board in writing and attempt to resolve the issue in good faith. If the Department is unable to reach a satisfactory resolution of the issue within 30 days after providing notice to the Board and allowing the Board an opportunity to cure, the Department may institute a civil action in federal district court to enforce the terms of this Agreement or take other action to enforce Title II of the ADA.

39. Failure by the Department to enforce this entire Agreement or any other provision of it with regard to any deadline or any other provision of the Agreement will not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement.

40. A copy of this document will be made available to any person by the Board or the Department on request.

41. This Agreement shall be applicable to and binding upon both Parties, their officers, agents, employees, and assigns.

42. 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 either Party or agents of either Party, that is not contained in this written Agreement will be enforceable. This Agreement does not purport to remedy any other disputes regarding the ADA or any other federal law, except to the extent they are related to the accessibility of the Board's polling places to voters with disabilities.

43. This Agreement will remain in effect for four years from the effective date.

44. The person signing for the Board represents that he or she is authorized to bind the Board to this Agreement.