FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012 Page: 8,858
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15. Waivers. Chamberlain waives any and all rights it may have to seek administrative or
judicial reconsideration, review, appeal, or stay, or to otherwise challenge or contest the validity of this
Consent Decree and the Adopting Order, provided the Bureau issues an Adopting Order as defined
herein. Chamberlain shall retain the right to challenge Commission interpretation of the Consent Decree
or any terms contained herein. If either Party (or the United States on behalf of the Commission) brings a
judicial action to enforce the terms of the Adopting Order, neither Chamberlain nor the Commission shall
contest the validity of the Consent Decree or of the Adopting Order, and Chamberlain shall waive any
statutory right to a trial de novo. Chamberlain hereby agrees to waive any claims it may have under the
Equal Access to Justice Act"9 relating to the matters addressed in this Consent Decree.
16. Invalidity. In the event that this Consent Decree in its entirety is rendered invalid by any
court of competent jurisdiction, it shall become null and void and may not be used in any manner in any
17. Subsequent Rule or Order. The Parties agree that if any provision of the Consent
Decree conflicts with any subsequent Rule or order adopted by the Commission (except an order
specifically intended to revise the terms of this Consent Decree to which Chamberlain does not expressly
consent) that provision will be superseded by such Rule or Commission order.
18. Successors and Asslgns. Chamberlain agrees that the provisions of this Consent Decree
shall be binding on its successors, assigns, and transferees.
19. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall
constitute a final settlement between the Parties with respect to the Investigation. The Parties further
agree that this Consent Decree does not constitute either an adjudication on the merits or a factual or legal
finding or determination regarding any compliance or noncompliance with the Communications Laws.
20. Modifications. This Consent Decree cannot be modified without the advance written
consent of both Parties.
21. Paragraph Headings. The headings of the paragraphs in this Consent Decree are
inserted for convenience only and are not intended to affect the meaning or interpretation of this Consent
22. Authorized Representative. The individual signing this Consent Decree on behalf of
Chamberlain represents and warrants that he/she is authorized by Chamberlain to execute this Consent
Decree and to bind Chamberlain to the obligations set forth herein. The FCC signatory represents that she
is signing this Consent Decree in her official capacity and that she is authorized to execute this Consent
'9 Equal Access to Justice Act, Pub L. No 96-481, 94 Stat. 2325 (1980) (codified at 5 U.S.C. 504); see also 47
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012, book, August 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc133015/m1/25/: accessed September 23, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.