SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND LEARNING CARE GROUP, INC., UNDER TITLE III OF THE ADA

Implementation and Enforcement

27. Enforcement.  As consideration for the Agreement set forth above, the United States will not institute any civil action under the ADA based on the allegations in this matter, except as provided in paragraph 28 below.

28. Compliance Review and Enforcement.  The United States may review LCG’s compliance with this Agreement or title III of the ADA at any time.  If the United States believes that this Agreement or any portion of it has been violated, it will raise its concerns with LCG and the parties will attempt to resolve the concerns in good faith.  If the parties are unable to reach a satisfactory resolution of the issue(s) raised within thirty (30) days of the date that the United States provides notice to LCG, the United States may institute a civil action against LCG in the appropriate United States District Court to enforce this Agreement or title III of the ADA. 

29. Effective Date.  The Effective Date of this Agreement is the date of the last signature below.

30. Term.  The duration of this Agreement will be three (3) years from the Effective Date.

31. Entire Agreement.  This Agreement, including Attachment A, constitutes the entire agreement between the United States and LCG on the matters raised herein and no other statement or promise written or oral, made by any party or agents of any party, that is not contained in this written Agreement, including its attachments, shall be enforceable.

32. Non-Waiver.  Failure by the United States to enforce any provision of this Agreement shall not be construed as a waiver of its right to enforce any provision of the Agreement.

33. Severability.  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 United States and LCG 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.

34. Binding Nature of Settlement Agreement.  This Agreement shall be binding upon LCG, all of its child care brands, its agents, employees, successors, and assigns.

35. Authority.  The signatories represent that they have the authority to bind the respective parties identified below to the terms of this Agreement.

36. Other Violations.  This Agreement is not intended to remedy any other potential violations of the ADA or any other law. 

37. Continuing Responsibility.  This Agreement does not affect LCG’s continuing responsibility to comply with all aspects of the ADA.