21. The survey process pursuant to Paragraphs 12 through 18 of this Agreement will cover elections up to and including the November 2012 election, which will be the last election covered by this Agreement. 22. After July15, 2009, the Department will train employees of the City on using the Survey Instrument and determining whether a polling place location is or can be made accessible. No later than 60 days before beginning the training, the Department will provide the City with a copy of the training materials the Department intends to use and will provide the City with a list of equipment and/or supplies the City inspectors will need to accurately assess the accessibility of the City's polling places. During the life of this agreement, the City may request additional training on a reasonable basis. Enforcement Provisions 23. If at any time one of the parties to this Agreement desires to modify any portion of this Agreement, it will promptly notify the other party in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. An in-person meeting between the parties will be held at the request of either party. The party receiving a request to modify the Agreement will not unreasonably delay notifying the requesting party as to whether it will agree to the proposed modification. No modification will take effect unless and until the parties memorialize the agreed upon modification in writing. 24. In consideration of the mutual promises contained in this Agreement, good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to avoid the costs, expenses and uncertainty of protracted litigation, the Parties, intending to be legally bound, enter into this Agreement. 25. In consideration of, and consistent with the terms of this Agreement, the Department agrees to refrain from filing any civil suit related to the accessibility of Philadelphia's polling places for voters with mobility disabilities until and including March 31, 2013, except as provided in Paragraph 26 of this Agreement. 26. The parties may institute a civil action in federal district court to enforce the terms of this Agreement. The parties do not waive defenses, arguments or claims for a failure to comply with the terms of this Agreement. 27. Failure by the Department to enforce this entire Agreement or any provision of it with regard to any deadline or any other provision of the Agreement will not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement. 28. A copy of this document will be made available to any person by the City or the Department on request. 29. This Agreement shall be applicable to and binding upon both parties, their officers, agents, employees, and assigns. 30. 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, will be enforceable. This Agreement does not purport to remedy any other disputes regarding the ADA or any other federal law, except to the extent they are related to the accessibility of Philadelphia's polling places to voters with mobility disabilities. Create PDF in your applications with the Pdfcrowd HTML to PDF API PDFCROWD