37. Beginning six (6) months after the Effective Date of this Consent Decree and every six (6) months thereafter throughout the term of this Consent Decree, QuikTrip shall submit to counsel for the United States a written report detailing the following information for the six month period preceding the report: actions taken by QuikTrip to comply with this Consent Decree, QuikTrip facilities opened or re-opened for business, QuikTrip facilities constructed, and a description of each complaint about the accessibility of a QuikTrip facility or services by one or more individuals with disabilities and actions taken to address each such complaint. The report will also provide a copy of certifications received pursuant to Paragraph 14 through 16 of this Consent Decree and a copy of any other documents or information required by this Consent Decree.
38. The Department may review compliance with this Consent Decree at any time and may file a motion to enforce this Consent Decree if it believes that the Consent Decree, or any requirement thereof, has been violated. The Department may conduct an on-site review of any QuikTrip facility, review any QuikTrip records related to actions required by the Consent Decree, and interview any QuikTrip employees or contractors for purposes of reviewing compliance with this Consent Decree and ADA requirements, including the requirements of the ADA Standards. If the Department identifies any noncompliance with the Consent Decree or the ADA Standards, QuikTrip will be required to correct any noncompliance within sixty (60) days of receipt of notice of noncompliance from the Department. If QuikTrip has not corrected the noncompliance within sixty (60) days after the receipt of notice, the violation will be considered a subsequent violation and require payment of a subsequent violation civil penalty in the amount of One Hundred Ten Thousand Dollars ($110,000). The Department will provide written notice to QuikTrip of the location of any facility where it will review compliance at least ten (10) business days before doing so. Similarly, the Department will provide written notice to QuikTrip of any records that it wishes to inspect or personnel whom it wishes to interview at least ten (10) business days before doing so.
39. Failure by the United States to enforce this entire Consent Decree or any of its provisions or deadlines shall not be construed as a waiver of the right of the United States to enforce other deadlines and provisions of this Consent Decree.
40. All materials sent to the United States pursuant to this Consent Decree shall be sent to the following address by common carrier Federal Express, delivery prepaid: Disability Rights Section, Attn: William Lynch, Trial Attorney, Disability Rights Section, Civil Rights Division, U.S. Department of Justice, 1425 New York Avenue, N.W., Washington, D.C. 20005. The cover letter shall include a subject line referencing QuikTrip and DJ# 202-45-50.
41. The Effective Date of this Consent Decree ("Effective Date") is the date of entry by the Court after the signatures of all Parties have been obtained.
42. This Consent Decree is limited to resolving claims under Title III of the ADA related to the facts specifically set forth in Paragraph 3 above involving architectural noncompliance with the ADA Standards in facilities designed, constructed, or altered by QuikTrip; the failure to remove barriers to accessibility where readily achievable to do so; the failure to maintain accessible features; and the failure to implement reasonable modifications of policies, practices, and procedures necessary to afford equal access to goods, services, facilities, privileges, advantages, and accommodations to individuals with disabilities. Nothing in this Consent Decree relates to Title I of the ADA or affects QuikTrip's obligations to comply with any other federal, state, or local statutory, administrative, regulatory, or common law obligation, including those relating to nondiscrimination against or accessibility for individuals with disabilities.
43. A copy of this Consent Decree and any information contained in it, including Exhibits A through J, shall be made available to any person by Defendant or the United States upon request.
44. The United States' Complaint shall be dismissed without prejudice to the right of the United States to petition the Court, at any time during the duration of this Consent Decree, to reopen the case for the purposes of enforcing the Consent Decree. The Parties to this Consent Decree shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with this Consent Decree prior to bringing such matters to the Court for resolution.
45. Any time limits for performance imposed by this Consent Decree may be extended by the mutual written agreement of the Parties.
46. Each of the Parties to this litigation will bear its own costs and attorney's fees associated with this litigation.
47. This Consent Decree is final and binding on QuikTrip, and its agents, officers, employees, contractors, and successors in interest. In the event QuikTrip seeks to transfer or assign all or part of its interest in any facility covered by this Consent Decree to an unrelated entity, and the unrelated entity intends to carry on the same or a similar use of the facility, QuikTrip shall either make all necessary modifications required by Paragraph 13 prior to the transfer or assignment or, as a condition of sale, obtain the written accession of the unrelated entity to any obligations remaining under Paragraph 13 of this Consent Decree for the remaining term of this Consent Decree. In the event QuikTrip seeks to transfer or assign all or part of its interests in any facility covered by this Consent Decree to an affiliate or other related entity, QuikTrip shall retain all obligations under this Consent Decree with respect to such facility.
48. The individuals signing this Consent Decree represent that they are authorized to do so on behalf of the respective entity for which they have signed.
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