VOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THOMAS JEFFERSON UNIVERSITY HOSPITALS INC. & OUTPATIENT IMAGING AFFILIATES, LLC. DJ# 202-62-458

C. IMPLEMENTATION AND ENFORCEMENT

14. Within twelve (12) months of the effective date of this Agreement, Jefferson Outpatient or Thomas Jefferson University Hospitals, Inc. shall send a report, by email to the undersigned counsel, documenting its compliance with the actions described in Section B, above.  The report shall include identification of the make, model, and pictures of any purchased or leased equipment for lifting or transferring.

15. During the term of this Agreement, Jefferson Outpatient and/or Thomas Jefferson University Hospitals, Inc. will notify the Department if any individual brings any lawsuit, complaint, charge, or grievance alleging that it failed to provide any aid or service to an individual with a disability at a Jefferson Outpatient Imaging clinic.  Such notification must be provided in writing within thirty (30) days of the day when either entity has received notice of the allegation and will include, at a minimum, the nature of the allegation, the name of the individual making the allegation, and any documentation possessed by Jefferson Outpatient and/or Thomas Jefferson University Hospitals Inc., or any of its agents or representatives relevant to the allegation.

16. The Department may review compliance with this Agreement at any time during the term of this Agreement.  If the Department believes that this Agreement or any of its requirements has been violated, it may institute a civil action in federal district court to enforce this Agreement or the requirements of Title III, following written notice to Jefferson Outpatient of possible violations, and, a period of 30 days in which Jefferson Outpatient has the opportunity to cure the alleged violations.

17. Failure by the Department to enforce this entire Agreement or any of its provisions or deadlines shall not be construed as a waiver of the Department’s right to enforce other deadlines and provisions of this Agreement.

18. This Agreement shall be binding on the agents, employees and successors of Jefferson Outpatient, including agents and employees of affiliated outpatient clinics.  In the event that Thomas Jefferson University Hospitals, Inc., or Outpatient Imaging Affiliates, LLC, seeks to transfer or assign all or part of its interest in the outpatient services, and the successor or assign intends on carrying on the same or similar use of the practice, as a condition of sale, and shall obtain the written accession of the successor or assign to any obligations remaining under this Agreement for the remaining term of this Agreement.

19. This Agreement constitutes the entire agreement between the parties on the matters raised here, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written agreement, shall be enforceable.  This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law.  This Agreement does not affect, amend, or decrease the continuing responsibility borne by Jefferson Outpatient, or any other hospital, clinic, or treatment center affiliated with Thomas Jefferson University Hospitals, Inc. to comply with all aspects of the ADA.

20. 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 Department and Jefferson Outpatient and/or Thomas Jefferson University Hospitals, Inc. 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.

21. This Agreement will remain in effect for two (2) years from its effective date.

22. The person signing this Agreement for Thomas Jefferson University Hospitals, Inc., and for Outpatient Imaging Affiliates LLC., represents that he/she is authorized to bind Jefferson Outpatient, its named affiliates, and employees to this Agreement.

23. The effective date of this Agreement is the date of the last signature below.