SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND PALACE SPORTS AND ENTERTAINMENT, LLC, REGARDING THE PALACE OF AUBURN HILLS

III. IMPLEMENTATION AND ENFORCEMENT OF AGREEMENT

52. The Attorney General of the United States is authorized, pursuant to 42 U.S.C. §12188(b)(1)(B), 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, the United States agrees to refrain from filing civil suit under title III in this matter regarding the specific issues discussed herein, so long as PSE complies with the terms of this Agreement.

53. The United States may review compliance with this Agreement at any time.

54. If the United States believes that this Agreement or any requirement thereof has been violated, it agrees to notify PSE in writing of the specific violation(s) alleged. PSE shall have thirty (30) days from its receipt of the notice to cure and/or respond in writing to the United States the alleged violation(s). If, after further discussion with PSE, the United States believes that PSE has violated the Agreement, the United States may institute a civil action for relief in federal district court, and the United States is authorized to seek civil penalties for any violation of this Agreement, pursuant to 42 U.S.C. §12188(b)(2)(C).

55. On October 1, 2013, PSE shall certify to the United States, in writing, that it has fulfilled to completion all of its obligations under this Agreement. The certification shall describe the steps that were taken to fulfill those obligations and shall be accompanied by photographs depicting the completed barrier removal work. The parties expressly agree that providing such certification is essential to the enforcement of this Agreement, and that a failure to provide the certification required by this paragraph constitutes a breach of this Agreement sufficient to warrant the penalties set out in paragraph 55.

56. All notices, demands, reports or other communication to be provided to the United States pursuant to this Agreement shall be in writing and delivered by U.S. mail or electronic mail to the following:

Susan K. DeClercq, Assistant U.S. Attorney
U.S. Attorney's Office
211 W. Fort Street,
Ste. 2001
Detroit, MI 48226
email: susan.declercq@usdoj.gov

57. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person.

58. Failure by the Department of Justice to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of its right to do so with regard to other deadlines and provisions of this Agreement.

59. This Agreement constitutes the entire agreement between the parties on the matters raised herein, 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 is limited to the facts set forth herein and it does not purport to remedy any other potential violations of the Americans with Disabilities Act, including violations of the alterations or new construction provisions of the Act, or any other Federal law. This Agreement does not affect the continuing responsibility of PSE to comply with all aspects of the Americans with Disabilities Act, including readily achievable barrier removal.

60. If any provision 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 PSE shall engage in good faith negotiations in order to adopt such 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.

61. This Agreement is a compromise of claims, and it is not intended to reflect any legal interpretation of any provision of the ADA by the United States and cannot be used in any proceeding to demonstrate such legal interpretations.

62. A signor of this document in a representative capacity for an entity represents that he or she is authorized to bind such entity to this Agreement.

63. This Agreement shall be binding on PSE and its successors in interest in ownership or operation of The Palace of Auburn Hills, and PSE has a duty to so notify all such successors in interest.

64. The effective date of this Agreement is the date of the last signature below. This Agreement shall remain in effect for three (3) years from the effective date.