SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND ATLANTIS EVENTS, INC. UNDER THE AMERICANS WITH DISABILITIES ACT

VI. ENFORCEMENT

35. Term of Agreement.  This Agreement will remain in effect for 36 consecutive months from the effective date hereof. 

36. Reporting.  During the term of this Agreement, Atlantis will provide a report annually to the United States, on the anniversary of the effective date of this Agreement, regarding the Company’s progress with respect to the completion of its responsibilities pursuant to Paragraphs 18 through 34 of this Agreement.  Atlantis will send each report to the U.S. Department of Justice, Civil Rights Division, Disability Rights Section – NYA, 950 Pennsylvania Ave., NW, Washington, DC 20530.  Each report will identify and document (e.g., with copies of policies and procedures, contracts, photographs, training curriculum and training materials) the modifications that the Company made, training of employees that occurred (by date and the content of the training), and any ADA-related policies that Atlantis adopted.  Each report shall also identify all ADA-related complaints for the period, and list by individual the nature of the complaint, and explanation of how the complaint was resolved.  

37. Enforcement.  The Attorney General is authorized, pursuant to section 308(b)(1)(B) of the ADA, to bring a civil action under title III, enforcing the ADA in any situation where a pattern or practice of discrimination is believed to exist or a matter of general public importance is raised.  In consideration of the terms of this Agreement as set forth above, the Attorney General agrees to refrain from undertaking further investigation or from filing a civil suit under title III based on the allegations in this agreement, except as provided in paragraph 43 below.  Nothing contained in this Agreement is intended or may be construed as a waiver by the United States of any right to institute proceedings against Atlantis for violations of any statutes, regulations, or rules administered by the United States or to prevent or limit the right of the United States to obtain relief for other violations of the ADA, or other federal law. 

38. Review of Compliance.  The United States may review compliance with this Agreement at any time, including, but not limited to, testing of any Atlantis services, locations, or facilities.  If the United States believes that Atlantis has failed to comply in a timely manner with any requirement of this Agreement, the United States will notify Atlantis, and it will attempt to resolve the issues in good faith.  If the United States is unable to reach a satisfactory resolution of the issues raised within sixty (60) days of the date it notifies Atlantis, it may institute a civil action in federal court to enforce the terms of this Agreement or title III and may, in such action, seek any relief available under law. 

39. Violations.  If Atlantis violates this Agreement, the United States will have all remedies allowed under the ADA.

40. Entire Agreement.  This Agreement constitutes the entire agreement between the United States and Atlantis on the matters raised, and no other statement, promise, or agreement, will be enforceable.  This Agreement does not affect Atlantis’s continuing responsibility to comply with all aspects of the ADA and other federal laws.

41. Binding.  This Agreement is binding on Atlantis and its agents, employees, associates, and contractors.  In the event Atlantis seeks to transfer or assign all or part of its assets or interest in any Atlantis location or service covered by this Agreement, and the successor or assignee intends to carry on the same or similar use of the location or service, as a condition of sale, Atlantis will obtain the written accession of the successor or assignee to all remaining obligations in this Agreement for the term of this Agreement. 

42. Non-Waiver.  Failure by the United States to enforce this Agreement with regard to any deadline or any provision is not a waiver of the United States’ right to enforce other deadlines and provisions of this Agreement.

43. Availability of Settlement Agreement.  A copy of this Agreement will be made available to any person by Atlantis on request. 

44. Severability.  In the event a Court determines that any provision of this Agreement is unenforceable, that provision will be severed from this Agreement, and all other provisions will remain valid and enforceable.

45. Authorized to Sign.  The person signing this Agreement for Atlantis represents that he or she is authorized to bind Atlantis to this Agreement.