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SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND ILLINOIS STATE POLICE

IV. IMPLEMENTATION AND ENFORCEMENT

  1. In consideration for the terms set forth above, the United States will not institute a civil action alleging violations of the ADA based on the Department of Justice Complaint DJ No. 205-24-11, except as provided in paragraph 29, below.

  2. Failure by the United States to enforce this Agreement in its entirety or any of its provisions shall not be construed as a waiver of its right to enforce other provisions of the Agreement.

  3. 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.

  4. The United States may review compliance with this Agreement 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 the ISP and the parties will attempt to resolve those concerns in good faith. The United States will give the ISP one hundred and eighty days from the date it notifies the ISP of any breach of this Agreement to cure that breach before instituting an enforcement action.

  5. This Agreement shall be binding upon the ISP, its agents and employees.

  6. A signatory to this document in a representative capacity for each party represents that he or she is authorized to bind that party to this Agreement.

  7. This Agreement constitutes the entire agreement between the United States and the ISP on the matters raised herein and 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 agreement, including its attachments, shall be enforceable.

  8. This Agreement is not intended to remedy any other potential violations of the ADA or any other law that is not specifically addressed in this Agreement.

  9. This Agreement does not affect the ISP's continuing responsibility to comply with all aspects of the ADA.

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

  11. The duration of this Agreement will be five years from the effective date.

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