103. Within 90 days of the effective date of this Agreement, unless another time frame is specified in this Agreement, the City and the DPD shall implement each and every provision of this Agreement.
104. In regard to any provision that provides for “review and approval” by the DOJ, approval shall be granted in a timely fashion provided that the policy, protocol, plan, revision or other City or DPD action reasonably satisfies the requirements and standards set forth in the relevant provision(s).
105. Any revisions to DPD policies shall be provided to the DOJ within one week of their promulgation.
106. The Court shall retain jurisdiction of this action for all purposes during the term of this Agreement. The Agreement shall terminate two years after the effective date of the Agreement if the DPD and the City have substantially complied with each of the provisions of this Agreement and
have maintained substantial compliance for at least one year. The burden shall be on the City to demonstrate that it is in substantial compliance with each of the provisions of the Agreement and has maintained substantial compliance for at least one year. Noncompliance with mere technicalities, or temporary failure to comply during a period of otherwise sustained compliance, shall not constitute failure to maintain substantial compliance. At the same time, temporary compliance during a period of otherwise sustained noncompliance shall not constitute substantial compliance.
107. The parties agree to defend the provisions of this Agreement. The parties shall notify each other of any court or administrative challenge to this Agreement.
108. Failure by the parties to enforce this entire Agreement or any provision thereof with respect to any deadline or any other provision herein shall not be construed as a waiver of its right to enforce other deadlines or provisions of this Agreement.
109. If any unforeseen circumstance occurs which causes a failure to timely carry out any requirements of this Agreement, the DPD and/or the City shall notify the DOJ in writing within 20 calendar days of the time that the DPD and/or the City becomes aware of the unforeseen circumstance and its impact on the DPD and/or the City’s ability to perform under the Agreement. The notice shall describe the cause of the failure to perform and the measures taken to prevent or minimize the failure. The DPD and the City shall implement all reasonable measures to avoid or minimize any such
failure.
110. In the event the DPD or the City fail to fulfill any obligation under this Agreement, the DOJ shall, prior to pursuing any remedy with the Court, give written notice of the failure to the DPD and the City. The DPD and the City shall have 30 days from receipt of such notice to cure the failure. However, if the DOJ determines that an emergency condition exists that places persons at risk of serious and imminent harm, the DOJ may immediately seek a remedial order from the Court. At the end of the 30-day period, in the event the DOJ determines that the failure has not been cured, the DOJ may, upon three days notice to the City (excluding weekends and federal or state holidays), at its election seek a remedy from the Court.