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United States of America v. The International Spy Museum - Settlement Agreement

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35. The United States shall have the right, during the course of this Agreement and with reasonable prior notice to the Museum, to conduct inspections of the Museum and to request documents or photographs in order to evaluate compliance with this Agreement. The Department shall make every effort to conduct its inspections at times that are agreeable to the Museum, so that the Museum can ensure that minimal disruption to its operations results from such inspections.

36. If the United States believes that the Museum is not in compliance with this Agreement or any requirements contained herein, the United States agrees to notify the Museum in writing of the alleged noncompliance and attempt to seek a resolution of the matter with the Museum. If the parties are unable to reach a resolution within 30 days of the date of the United States' written notification, the United States may seek enforcement of the terms of this Agreement in any United States District Court where jurisdiction and venue are proper. In the event the court determines that the Museum has failed to comply with any term of this Agreement, such failure to comply shall be treated as a second violation of title III of the ADA, and the United States may seek, and the court may assess, civil penalties as provided in 42 U.S.C. § 12188(b)(2)(C). Alternatively, should the parties be unable to reach a resolution within 30 days of the date of the United States' written notification, the United States may bring an action to enforce compliance with the ADA and its implementing regulation.

37. In consideration of, and consistent with, all the terms of this Agreement, the United States agrees to refrain from filing a civil suit in this matter regarding all matters addressed by this Agreement, except as provided in Paragraph 36.

38. The Department's failure to enforce this entire Agreement or any provision with regard to any deadline or any other provision contained herein shall not be construed as a waiver by the Department of any right to do so.

39. This Agreement shall be binding upon the Museum, and its agents and employees. In the event the Museum seeks to transfer or assign all or part of its interests in any exhibition or facility covered by this Agreement, and the successor or assign intends to carry on the same or similar use of the facility, as a condition of sale, the Museum shall obtain the written accession of the successor or assign to any obligations remaining under this Agreement for the remaining term of this Agreement.

40. All notices, demands, or other communications to be provided pursuant to this Agreement shall be in writing and delivered by fax or overnight delivery to the following persons and addresses (or such other persons and addresses as any party may designate in writing from time to time):

1. For the Museum:

 Mr. E. Peter Earnest
 Executive Director
 International Spy Museum
 800 F Street, N.W.
 Washington, D.C. 20004

2. For the United States:

 John L. Wodatch, Section Chief
 U.S. Department of Justice
 Disability Rights Section
 1425 New York Avenue, N.W.
 Washington, D.C 20005
 (Fax) 202-305-9775
41. This Agreement constitutes the entire Agreement between the Parties relating to Department of Justice Case No. 202-16-130 on the matters raised herein, and no other statement, promise or agreement, either written or oral, made by either party or agents of any party, that is not contained in this written Agreement shall be enforceable.

42. 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 Department and the Museum 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.

43. This Agreement is limited to the Museum described in Paragraph 4 above, and does not apply to any other design or construction project of or related to the Museum. It is limited to the matters described herein and does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the Museum's continuing responsibility to comply with all aspects of the ADA not covered by this Agreement.

44. A signatory to this document in a representative capacity for a partnership, corporation, or other such entity, represents that he or she is authorized to bind such partnership, corporation, or other entity to this Agreement.

45. The effective date of this Agreement is the date of the last signature below. The Agreement shall remain in effect for three years from the effective date, unless extended by agreement of the parties.

For the International Spy Museum:

By E. Earnest
Excutive Director
International Spy Museum
Date  June 3, 2008

For the United States of America:

Acting Assistant Attorney General

Jeffrey A. Taylor
United States Attorney

 John L. Wodatch, Chief
 L. Irene Bowen, Deputy Chief
 Philip L. Breen, Special Legal Counsel
 Eugenia Esch, Trial Attorney
 Michele A. Mallozzi, Architect
 Disability Rights Section
 U.S. Department of Justice
 Washington, D.C. 20035-6738
 (202) 307-2227
 Date  June 3, 2008


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