Attachment P
AGREEMENT TO TOLL STATUTE OF LIMITATIONS

This Agreement to Toll Statute of Limitations (“Agreement”) is effective December 31, 2016, and is entered into between the United States Department of Justice (“the Department”) and the City and County of Denver, Colorado (“Denver”), collectively the Parties.

1. The Attorney General is authorized to file a civil action against a public entity, including Denver, if the public entity has violated Title II of the Americans with Disabilities Act (“ADA”) pursuant to the Attorney General’s authority to enforce the  ADA, 42 U.S.C. §§ 12131-12134.  The Department and Denver have entered into an initial settlement agreement contemporaneously with this Agreement (to which this Agreement is attached as Attachment P) and are entering into this Agreement to allow the parties to reach a supplemental settlement agreement to address and correct the remaining accessibility violations not resolved by the initial settlement agreement.
2. To enable negotiations on a supplemental settlement agreement to continue throughout the implementation of the initial agreement, Denver has agreed to toll, from December 31, 2016, through January 31, 2019, the running of all applicable statutes of limitations for any cause of action or claim brought by the Department under Title II of the ADA, 42 U.S.C. §§ 12131-12134.
3. The statute of limitations will be tolled from December 31, 2016, through January 31, 2019.  Any claim, cause of action, or remedy barred before December 31, 2016, will be deemed barred notwithstanding this Agreement.  As to any other claim, cause of action, or remedy that would not be barred as of December 31, 2016, the statute of limitations on such claim, cause of action, or remedy will be extended from December 31, 2016 through January 31, 2019.  No other claim, cause of action, or remedy will be affected by this Agreement.
4. All parties continue to reserve all rights and defenses available to them, except as provided in this Agreement.
   
5. This Agreement may be modified, continued, amended, or supplemented by a written agreement signed by all parties.  This Agreement may be executed in counterparts.  Facsimile or electronic signatures are acceptable.
6. The person signing for Denver represents that he or she is authorized to bind Denver to this Agreement.
   Counsel for the United States of America.

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