32. REPORTING AND CONFIDENTIALITY.
(a) During the term of this Consent Decree, HWI will provide reports to the United States, six months, one year, 18 months, and three years after the Consent Decree Date, regarding HWI’s progress with respect to the completion of its responsibilities pursuant to Paragraphs 15-31 of this Consent Decree. Each such report shall identify the modifications that HWI made under the terms of this Consent Decree and the United States shall have the right to request documents and evidence in sufficient detail for the United States to independently confirm that all modifications have been made in conformance with the ADA and the Parties’ agreement. HWI will provide such documents and evidence within thirty days of a written request by the United States.
(b) The Parties agree that all information or communications generated in connection with this Consent Decree is voluntarily provided commercial information obtained from a person and is privileged and confidential as those terms are used in Title 5, United States Code, Section 552(b)(4). The Parties further agree that disclosure of the information would likely cause substantial competitive harm to HWI. The Parties and any ADA consultants, inspectors, or other persons retained specifically to effectuate the provisions of this Consent Decree are prohibited from disclosing to third parties (other than (1) the hotel owners whose respective hotels are the subject of the information or communications or (2) ADA consultants, inspectors, or other persons retained specifically to effectuate the provisions of this Consent Decree), and shall treat as privileged and confidential, all information or communications generated or obtained in connection with this Consent Decree. No information or communications generated or obtained in connection with this Consent Decree shall be subject to discovery by any third party or used in any manner in any legal proceeding other than as necessary to implement the provisions of this Consent Decree or in an enforcement action brought by the United States.
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