SETTLEMENT AGREEMENT between THE UNITED STATES OF AMERICA and PALM BEACH COUNTY, FLORIDA

Compliance

53. If at any time more than two weeks prior to an Election the United States obtains information that the Supervisor is or is about to be in breach of any of the terms of this Agreement, the United States shall advise the Supervisor in writing by notice sent to the Supervisor by overnight mail and email. The Supervisor shall have five (5) business days following the transmittal of such notice to respond in writing to the United States. The Parties shall thereafter attempt to resolve immediately any issues of noncompliance or potential noncompliance. If the Parties are unable to agree on a resolution of all issues, the United States may take appropriate action to enforce the terms of this Agreement and enforce Title II of the ADA, its implementing regulation, or Section 301(a)(3)(A) of HAVA. Nothing in this Agreement shall prevent the United States from taking any action required to enforce any and all other applicable provisions of Title II of the ADA, its implementing regulation, and Sections 301 and 302 of HAVA.

54. If the United States obtains information that the Supervisor is or is about to be in breach of any of the terms of this Agreement within two weeks of an Election, the United States shall advise the Supervisor by whatever means practicable and the Supervisor shall respond as soon as possible. The Parties shall attempt immediately to resolve any issues of potential noncompliance. If the Parties are unable to agree on a resolution of all issues, the United States may take appropriate action to enforce the terms of this Agreement and enforce Title II of the ADA or Section 301(a)(3)(A) of HAVA.

55. Any legal proceeding arising in connection with this Agreement must be brought in the United States District Court for the Southern District of Florida, and all Parties consent to the jurisdiction of that court.

56. Any legal proceeding to enforce this Agreement may Seek specific performance of the terms therein, and any other relief authorized by law.

57. Failure by the United States to enforce any provision of this Agreement shall not be construed as a waiver of its right to do so with regard to any provision of this Agreement.