United States of America v. Genesis Healthcare System - Settlement Agreement

OTHER PROVISIONS

28. In consideration for the Agreement set forth above, the United States will close its investigation of DJ # 202-58-112 and will not institute a civil action at this time alleging discrimination based on the findings set forth in paragraph 11.  However, the United States may review Genesis'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.

29. Failure by the United States to enforce any provision of this Agreement is not a waiver of its right to enforce any provision of this Agreement.

30. 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 Genesis 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.

31. This Agreement is binding on Genesis, including all principals, agents, executors, administrators, representatives, employees, and beneficiaries.  In the event that Genesis seeks to sell, transfer, or assign substantially all of its assets or a controlling membership position in Genesis during the term of this Agreement, then, as a condition of such sale, transfer, or assignment, Genesis will obtain the written agreement of the successor, buyer, transferee, or assignee to all obligations remaining under this Agreement for the remaining term of this Agreement.

32. The signatory for Genesis represents that he or she is authorized to bind Genesis to this Agreement.

33. This Agreement constitutes the entire agreement between the United States and Genesis on the matters raised herein, and no 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, is enforceable.  This Agreement can only be modified by mutual written agreement of the parties.  

34. This Agreement does not constitute a finding by the United States that Genesis is in full compliance with the ADA.  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 HIV or AIDS.  Nothing in this Agreement relieves Genesis of its obligation to fully comply with the requirements of the ADA.

35. The paragraph headings in this Agreement are for convenience only and will not be deemed to affect in any way the language or meaning of the provisions to which they refer.

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