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Federal Register / Vol. 86, No. 30 / Wednesday, February 17, 2021 / Notices nine hundred and fifty thousand dollars $7,950,000 within thirty 30 calendar days after receiving service of the Commissions final Order accepting the Agreement. All payments to be made under the Agreement shall constitute debts owing to the United States and shall be made by electronic wire transfer to the United States via http
www.pay.gov, for allocation to, and credit against, the payment obligations of Cybex under this Agreement. Failure to make such payment by the date specified in the Commissions final Order shall constitute Default.
30. All unpaid amounts, if any, due and owing under the Agreement, shall constitute a debt due and immediately owing by Cybex to the United States, and interest shall accrue and be paid by Cybex at the federal legal rate of interest set forth at 28 U.S.C. 1961a and b from the date of Default, until all amounts due have been paid in full hereinafter Default Payment Amount and Default Interest Balance. Cybex shall consent to a Consent Judgment in the amount of the Default Payment Amount and Default Interest Balance, and the United States, at its sole option, may collect the entire Default Payment Amount and Default Interest Balance, or exercise any other rights granted by law or in equity, including, but not limited to, referring such matters for private collection, and Cybex agrees not to contest, and hereby waives and discharges any defenses to, any collection action undertaken by the United States, or its agents or contractors, pursuant to this paragraph.
Cybex shall pay the United States all reasonable costs of collection and enforcement under this paragraph, respectively, including reasonable attorneys fees and expenses.
31. After staff receives this Agreement executed on behalf of Cybex, staff shall promptly submit the Agreement to the Commission for provisional acceptance.
Promptly following provisional acceptance of the Agreement by the Commission, the Agreement shall be placed on the public record and published in the Federal Register, in accordance with the procedures set forth in 16 CFR 1118.20e. If the Commission does not receive any written request not to accept the Agreement within fifteen 15 calendar days, the Agreement shall be deemed finally accepted on the 16th calendar day after the date the Agreement is published in the Federal Register, in accordance with 16 CFR 1118.20f.
32. This Agreement is conditioned upon, and subject to, the Commissions final acceptance, as set forth above, and it is subject to the provisions of 16 CFR

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1118.20h. Upon the later of: i Commissions final acceptance of this Agreement and service of the accepted Agreement upon Cybex, and ii the date of issuance of the final Order, this Agreement shall be in full force and effect, and shall be binding upon the parties.
33. Effective upon the later of: i The Commissions final acceptance of the Agreement and service of the accepted Agreement upon Cybex and ii and the date of issuance of the final Order, for good and valuable consideration, Cybex hereby expressly and irrevocably waives and agrees not to assert any past, present, or future rights to the following, in connection with the matter described in this Agreement: i an administrative or judicial hearing; ii judicial review or other challenge or contest of the Commissions actions; iii a determination by the Commission of whether Cybex failed to comply with the CPSA and the underlying regulations; iv a statement of findings of fact and conclusions of law; and v any claims under the Equal Access to Justice Act.
34. Cybex shall maintain a compliance program designed to ensure compliance with the CPSA with respect to any consumer product imported, manufactured, distributed or sold by Cybex, and which shall contain the following elements:
i Written standards, policies and procedures, including those designed to ensure that information that may relate to or impact CPSA compliance is conveyed effectively to personnel responsible for CPSA compliance, whether or not an injury is referenced;
ii a mechanism for confidential employee reporting of compliancerelated questions or concerns to either a compliance officer or to another senior manager with authority to act as necessary;
iii effective communication of company compliance-related policies and procedures regarding the CPSA to all applicable employees through training programs or otherwise;
iv Cybexs senior management responsibility for, and Cybexs general board oversight, consistent with its policies and procedures of, CPSA
compliance; and v retention of all CPSA compliancerelated records for at least five 5 years, and availability of such records to CPSC
staff upon request.
35. Cybex shall maintain and enforce a system of internal controls and procedures designed to ensure that, with respect to all consumer products imported, manufactured, distributed or sold by Cybex:

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i Information required to be disclosed by Cybex to the Commission is recorded, processed and reported in accordance with applicable law;
ii all reporting made to the Commission is timely, truthful, complete, accurate and in accordance with applicable law; and iii prompt disclosure is made to Cybexs management of any significant deficiencies or material weaknesses in the design or operation of such internal controls that are reasonably likely to affect adversely, in any material respect, Cybexs ability to record, process and report to the Commission in accordance with applicable law.
36. Upon request of staff, Cybex shall provide written documentation of its internal controls and procedures, including, but not limited to, the effective dates of the procedures and improvements thereto. Cybex shall cooperate fully and truthfully with staff and shall make available all nonprivileged information and materials, and personnel deemed necessary by staff to evaluate Cybexs compliance with the terms of the Agreement.
37. The parties acknowledge and agree that the Commission may publicize the terms of the Agreement and the Order.
38. Cybex represents that the Agreement: i Is entered into freely and voluntarily, without any degree of duress or compulsion whatsoever; ii has been duly authorized; and iii constitutes the valid and binding obligation of Cybex, enforceable against Cybex in accordance with its terms. The individuals signing the Agreement on behalf of Cybex represent and warrant that they are duly authorized by Cybex to execute the Agreement.
39. The signatories represent that they are authorized to execute this Agreement.
40. The Agreement is governed by the laws of the United States.
41. The Agreement and the Order shall apply to, and be binding upon, Cybex and each of its successors, transferees, and assigns; and a violation of the Agreement or Order may subject Cybex, and each of its successors, transferees, and assigns, to appropriate legal action.
42. The Agreement and the Order constitute the complete agreement between the parties on the subject matter contained therein.
43. The Agreement may be used in interpreting the Order. Understandings, agreements, representations, or interpretations apart from those contained in the Agreement and the Order may not be used to vary or contradict their terms. For purposes of
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