34. UNITED STATES’ MONITORING RESPONSIBILITIES.
(a) If the United States receives a complaint covered by Title III of the ADA against any Post-1993 Owned Hotel or Post-1993 Joint Venture Hotel, HWI shall cooperate with the United States to provide relevant information about the hotel for the United States' investigation. The United States shall describe the substance of the complaint to HWI. If the United States and HWI cannot agree on what information is relevant, the dispute resolution provisions of Paragraph 35shall [sic] apply.
(b) If the United States receives a complaint covered by Title III of the ADA against any Post-1993 Managed Hotel, HWI shall, upon written request, provide the United States with the names and addresses of the owner(s) of the hotel, and information on whether that hotel has experienced, or will experience during the term of this Consent Decree, one of the events specified in Paragraph 16(a). If the United States chooses to make a request for the information described in the preceding sentence, the United States shall describe in writing the substance of the complaint to HWI. The United States may also seek by written request copies of any relevant records that the ADA Consultant is required to maintain pursuant to this Consent Decree about the hotel in question. If the United States makes such a written request of the ADA Consultant, it shall simultaneously notify HWI. Upon request by HWI, the ADA Consultant shall permit HWI to inspect the requested records within five days of HWI’s request in order to verify that the records are relevant to the complaint received by the United States. The ADA Consultant shall not produce the requested records for a period of fifteen (15) days after the date on which (s)he receives the written request from the United States. If HWI does not notify the United States and the ADA Consultant in writing during this fifteen-day period that it considers some or all of the requested records not to be relevant to the complaint, the ADA Consultant shall immediately provide the requested records to the United States. If, during the fifteen-day period, HWI notifies the United States and the ADA Consultant in writing that it objects to production of some or all of the requested records to the United States and stating the reasons therefor, the Parties shall follow the dispute resolution procedures of Paragraph 35. HWI shall have the right to notify the hotel owner of any requests for information or records made by the United States under this Paragraph 34(b).
(c) If the United States receives a complaint covered by Title III of the ADA against any Post-1993 Franchised Hotel, HWI shall, upon written request delivered to HWI by overnight delivery service, provide the United States with the names and addresses of the owner(s) of the hotel, and information on whether that hotel has experienced, or will experience during the term of this Consent Decree, one of the events specified in Paragraph 16(a). The United States may also seek by written request copies of any relevant records the ADA Consultant is required to maintain pursuant to this Consent Decree about the hotel in question. If the United States makes such a written request of the ADA Consultant, it shall simultaneously notify HWI by means of overnight delivery service. HWI shall notify the owner of the hotel in question about the request within five (5) business days of receiving the notification from the United States. The ADA Consultant shall not produce the requested records prior to the expiration of twenty (20) days from receipt of the written request from the United States.
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