United States of America v. Camp Bravo - Settlement Agreement

ENFORCEMENT

29. In consideration for the Agreement set forth above, the United States will close its investigation of DJ # 202-35-304 and will not institute any civil action at this time alleging discrimination based on the findings set forth in paragraphs 10 and 11.  However, the United States may review Camp Bravo's compliance with this Agreement or title III of the ADA at any time.  If the United States believes that title III of the ADA, this Agreement, or any portion of it has been violated, it may institute a civil action in the appropriate U.S. District Court to enforce this Agreement and/or title III of the ADA against Camp Bravo.

30. Failure by the United States to enforce any provision of this Agreement is not a waiver of its right to enforce that or any other provision of this Agreement.

31. If any term of this Agreement is determined by any court to be unenforceable, the other terms of this 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 Camp Bravo shall engage in good faith negotiations in order to adopt mutually agreeable amendments to this Agreement as may be necessary to restore the parties as closely as possible to the initially agreed upon relative rights and obligations.

32. This Agreement shall be binding on Camp Bravo, including all principals, agents, executors, administrators, representatives, employees, successors in interest, beneficiaries, and assignees.  In the event that Camp Bravo seeks to sell, transfer, or assign all or part of its interest during the term of this Agreement, as a condition of sale, transfer, or assignment, Camp Bravo shall obtain the written accession of the successor or assignee to any obligation remaining under this Agreement for the remaining term of this Agreement.

33. A signatory to this document in a representative capacity for Camp Bravo represents that he or she is authorized to bind Camp Bravo to this Agreement.

34. This Agreement constitutes the entire agreement between the United States and Camp Bravo on the matters raised herein, and no other prior or contemporaneous statement, promise, or agreement, either written or oral, made by any party or agents of any party, that is not contained in this written agreement, including any attachments, shall be enforceable.  This Agreement can only be modified or amended by mutual written agreement of the parties.

35. This Agreement is not intended to remedy any other potential violations of the ADA or any other law that is not specifically addressed in this Agreement, including any other claims for discrimination on the basis of epilepsy.  Nothing in this Agreement relieves Camp Bravo of its obligation to fully comply with the requirements of the ADA.

36. The parties shall not discriminate or retaliate against any person because of his or her participation in this matter.