United States of America v. Hilton Worldwide Inc. - Consent Decree

DISPUTES AND ENFORCEMENT

35. The United States may review compliance with this Consent Decree at any time and may enforce this Consent Decree if the United States believes that this Consent Decree or any requirement thereof has been violated. If the United States believes that this Consent Decree or any portion of it has been violated, the United States will raise concerns with HWI, and the Parties will attempt to resolve the concerns in good faith. The United States will give HWI forty-five (45) days to cure any non‑architectural violation and ninety (90) days to cure an architectural violation prior to instituting any court action, starting from the date the United States notifies HWI of any violation of this Consent Decree. Except as provided in the foregoing sentence, either Party shall also have the right to bring any disputes concerning the Parties’ respective obligations under this Consent Decree to the Court after giving the other Party 45 days’ notice of its intent to seek the Court’s assistance in resolving the matter.

36. Failure by the United States to enforce any provision of this Consent Decree shall not be construed as a waiver of the United States’ right to enforce other provisions of this Consent Decree.

37. This Consent Decree does not affect HWI’s continuing responsibility to comply with all aspects of the ADA. For a period of 11 years from the Effective Date of this Consent Decree, the United States releases HWI from any and all ADA-related claims of which the United States had notice as of the Consent Decree Date, including any and all claims or allegations set forth or referred to in the Complaint and or Paragraphs 1 through 12 of this Consent Decree.

38. This Consent Decree shall remain in effect starting on the Consent Decree Date and ending four (4) years from the Effective Date. The Court shall retain jurisdiction to enforce this Consent Decree. This Consent Decree will expire four (4) years from the Effective Date, except as set forth in Paragraph 16(j).

39. This Consent Decree constitutes the entire agreement among the Parties relating to Department of Justice Number 202-16-168. No other statement, promise, or agreement, either written or oral, made by any Party or agents of any Party, that is not contained in this written Consent Decree shall be enforceable.

40. This Consent Decree shall be binding on HWI. In the event HWI seeks to transfer or assign all or part of its ownership interest in any Owned Hotels to an unrelated party, and the successor or assignee intends on carrying on the same or similar use of the facility, HWI shall provide written notice, including the name and address of the purchaser and any legal agent, to the United States within 10 days of such sale. This Consent Decree shall not apply to any hotels that become Brand Hotels as a result of a merger taking place after the Consent Decree Date, or to any hotels belonging to an unrelated entity that acquires HWI or any of its Brand Hotels after the Consent Decree Date. HWI shall provide to the United States written notice of any such merger or acquisition within 10 days after the event takes place.

41. The individuals signing this Consent Decree represent that they are authorized to bind the Parties to this Consent Decree.

DATED this ______ day of ___________ 2010.

BY THE COURT:

________________________
United States District Judge
AGREED AND CONSENTED TO:

For the United States:

Thomas E. Perez
Assistant Attorney General
Civil Rights Division
Samuel R. Bagenstos
Principal Deputy Assistant Attorney General

________________________________________
John L. Wodatch, Chief, Disability Rights Section
Philip L. Breen, Special Legal Counsel
Renee M. Wohlenhaus, Deputy Chief
Phyllis M. Cohen, Senior Trial Attorney
Beth A. Esposito, Trial Attorney
Joy Levin Welan, Trial Attorney
U.S. Department of Justice 950 Pennsylvania Avenue, NW B NYA
Washington, D.C. 20530
(202) 307-0663

Ronald A. Machen
United States Attorney
Office of the United States Attorney
District of Columbia
555 4^th Street, NW
Washington, D.C. 20530
(202) 514-7566

For Defendant Hilton Worldwide Inc.:

______________________________________
Richard M. Lucas
Executive Vice President and General Counsel
Laura Stover Danysh,
Senior Counsel Dispute Resolution
Hilton Worldwide Inc.
7930 Jones Branch Drive
McLean, VA 22102

______________________________________
James W. Cooper, Esq.
Kenneth Chernof, Esq.
Arnold & Porter LLP
555 Twelfth Street, N.W.
Washington, D.C. 20004
(202) 942-5000

______________________________
Minh N. Vu, Esq.
Seyfarth Shaw LLP
975 F Street, N.W.
Washington, D.C. 20004
(202) 828-5337

November 9, 2010