SETTLEMENT AGREEMENT
BETEWEEN
THE UNITED STATES OF AMERICA
AND
TRUMP TAJ MAJAL, LLC and
TRUMP ENTERTAINMENT RESORTS, INC.

I. INTRODUCTION

1. This Agreement ("Agreement") is made and entered into by the United States of America ("United States") and Trump Taj Mahal Associates, LLC and Trump Entertainment Resorts, Inc. (together, the "Company"). The United States and the Company are collectively referred to in this Agreement as the "Parties."
2. This Agreement resolves an investigation and compliance review conducted by the United States Department of Justice (the "Department") of the Trump Taj Mahal Casino Hotel ("the Taj") under Title III of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12181-12189 ("ADA"). The Taj is a multiuse facility located at 1000 Boardwalk, Atlantic City, New Jersey 08401-7329. The Company owns and operates the Taj.
3. The Taj consists of a casino and a hotel with a total of 2,010 guest rooms. The Taj contains numerous restaurants and bars, an arena, a theater, specialty retail shops, and multiple meeting/conference rooms.
4. On February 16, 2011, pursuant to its authority under 42 U.S.C. § 12188(b)(1)(A)(i), the United States Attorney's Office for the District of New Jersey commenced a compliance review of certain casino/hotels in Atlantic City, New Jersey to determine whether these casino/hotels are operating in compliance with Title III of the ADA (the "Compliance Review"). The Department reviewed information provided by the Company and conducted a site visit of the Taj's facilities on May 22, 2013.

   II. APPLICATION

5. The Company is a public accommodation because it is a private entity that owns, leases (or leases to), or operates a place of public accommodation. 42 U.S.C. §§ 12181(6), (7); 28 C.F.R. § 36.104. Accordingly, the Company is subject to the requirements of Title III of the ADA, and its implementing regulations, which are found at 28 C.F.R. Part 36.
6. The Taj is an existing facility designed and constructed prior to January 26, 1993, subject to the barrier removal requirements of Title III of the ADA, 28 C.F.R. § 36.304, except where to do so would not be readily achievable. The Taj has also completed additions and alterations since January 26, 1992. See 28 C.F.R. § 36.406(a); 28 C.F.R. Part 36, Appendix D (1991 Standards for Accessible Design) ("1991 Standards") § 4.1.5.
7. The 1991 Standards have been used to determine barriers to access at the Taj. Elements that are identified as noncompliant with the requirements of the 1991 Standards shall be modified to comply with the 2010 ADA Standards for Accessible Design ("2010 Standards"). 28 C.F.R. §§ 36.104, 36.406(a)(5).

   III. FINDINGS BY THE DEPARTMENT

8. During the course of the Compliance Review, the Department found violations of the 1991 Standards, which are listed in Attachment A to this Agreement. Some of the Department's more significant findings include the following:
   1. EXTERIOR AREAS OF THE HOTEL
   1. Self-Park Garage
      • Required accessible parking space identification signage is missing from some of the designated accessible parking spaces.
   2. Boardwalk Entrance
      • Accessible route from the Boardwalk into the Taj is difficult to locate.
   2. PUBLIC AREAS ON THE INTERIOR OF THE HOTEL/CASINO
   1. Men's and Women's Toilet Rooms in the Casino near the "Taj Tour" Zone and Slot Machines
      • Both toilet rooms lack permanent signage identifying them in raised characters and Braille on the wall adjacent to the latch side of the entrance.
   2. Women's Toilet Room in the Casino near "Marc Anthony's" (to the left of Grand Ballroom A)
      • The toilet room lacks permanent signage identifying it in raised characters and Braille on the wall adjacent to the latch side of the entrance.
   3. Sultan's Feast Buffet
      • Buffet counter surfaces are not mounted at a compliant height; and
      • When fully stacked, plates stacked on the buffet are not within the required reach range.
   4. Women's Toilet Room near "Tiara Ballroom B"
   • The toilet paper dispenser in the designated accessible stall is not mounted within a compliant reach range.
   • The toilet in the designated accessible stall has the flush control on the narrow side of the toilet.
   • The top of the toilet seat is not at a compliant height.
   • The lavatory pipes under the designated accessible lavatory are not insulated or configured against contact.
   5. Men's Toilet Room Serving the "Mark G. Etess Arena"
      • The toilet room lacks permanent signage identifying it in raised characters and Braille on the wall adjacent to the latch side of the entrance.
      • The toilet paper dispenser in the designated accessible stall is not mounted within a compliant reach range.
      • The toilet in the designated accessible stall has the flush control on the narrow side of the toilet.
      • The top of the toilet seat is not at a compliant height.
      • The lavatory pipes under the designated accessible lavatory are not insulated or configured against contact.
   6. Women's Toilet Room Serving the "Mark G. Etess Arena"
      • The top of the toilet seat in the designated accessible stall is not at a compliant height.
   7. "CCC" Men's Toilet Room in the Casino
      • The toilet room lacks permanent signage identifying them in raised characters and Braille on the wall adjacent to the latch side of the entrance.
      • The top of the toilet seat in the designated accessible stall is not at a compliant height and the toilet paper dispenser is not mounted within a compliant reach range.
      • The lavatory pipes under the designated accessible lavatory are not insulated or configured against contact.
   8. "CCC" Women's Toilet Room in the Casino
      • The toilet room lacks permanent signage identifying it in raised characters and Braille on the wall adjacent to the latch side of the entrance.
      • The lavatory pipes under the designated accessible lavatory are not insulated or configured against contact.
   9. Men's Toilet Room in the Oasis
      • The sign identifying this toilet room does not have the required Braille translation of the word "Men."
      • The top of the toilet seat in the designated accessible stall is not at a compliant height.
   10. Women's Toilet Room in the Oasis
       • The sign identifying this toilet room does not have the required Braille translation of the word "Women."
       • The top of the toilet seat in the designated accessible stall is not at a compliant height.
   11. Women's Toilet Room in Dynasty
       • The sign identifying this toilet room does not have the required Braille translation of the word "Women."
   12. Men's Toilet Room in Dynasty
       • The lavatory pipes under the designated accessible lavatory are not insulated or configured against contact.

   IV. TERMS OF AGREEMENT

9. To avoid potential litigation, the Parties agree to the terms of this Settlement Agreement. These terms are intended to redress the alleged violations of the ADA that have been identified by the Department.
10. The Company agrees to correct each violation identified in Attachment A, to the extent the violation has not already been remedied, in accordance with the schedule set forth below.
    1. Within three months of the effective date of this Agreement, the Company shall ensure that:
       1. The designated accessible parking spaces in the Taj's self-park garage will have compliant signage;
       2. The Taj will have an accessible route from the Boardwalk with sufficient and compliant signage;
       3. The public toilet rooms identified in Attachment A will have compliant signage, insulated pipe coverings under lavatories, automatic flush controls, toilet seats at compliant heights, and toilet paper dispensers installed within compliant reach range; and
       4. In the Sultan's Feast Buffet, the Taj will implement a policy offering assistance to disabled patrons using the buffet counter, and post signs informing patrons of this policy.
    2. Within fourteen (14) days after each of the five categories of violations listed in section VI, paragraph 10(a) have been corrected, the Company shall notify the Department by emailing photographs of the corrected items that show compliance with the 2010 ADA Standards for Accessible Design to the undersigned Assistant United States Attorney.
11. The Company shall not discriminate against individuals with disabilities on the basis of disability in the full and equal enjoyment of its goods, services, and facilities.
12. The Company shall make reasonable modifications in policies, practices, or procedures, when the modifications are necessary to afford its goods, services, or facilities to individuals with disabilities who visit the Taj, unless the modifications would fundamentally alter the nature of the goods, services, or facilities.
13. The Company shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to, and usable by, persons with disabilities.

    V. IMPLEMENTATION AND ENFORCEMENT

14. The Department shall have the right, during the term of this Agreement and with reasonable prior notice to the Company of not less than twenty-one days, to conduct inspections of the Taj's facilities and to request information, documents, or photographs to evaluate compliance with this Agreement. The Department shall make every effort to conduct its inspections at times that are agreeable to the Company, so that the Company can ensure minimal disruption to its operations from such inspections.
15. If the Department believes that the Company is not in compliance with this Agreement or any requirements contained herein, the Department agrees to notify the Company in writing of the alleged noncompliance and attempt to seek a resolution of the matter. If the Parties are unable to reach a resolution within thirty days of the date of the Department's written notification, and the alleged noncompliance concerns element(s) of the facility in existence as of the effective date of this Agreement as referenced on Attachment A, the United States may seek enforcement of the terms of this Agreement in the United States District Court for the District of New Jersey. If the Parties are unable to reach a resolution within thirty days of the date of the Department's written notification, and the alleged noncompliance concerns new elements or facilities not in existence as of the effective date of this Agreement, the United States may seek enforcement of the terms of this Agreement, and/or to enforce compliance with the ADA, in the United States District Court for the District of New Jersey. In the event the court determines that the Company has failed to make a modification required pursuant to this Agreement, including Attachment A, on or before the deadline set forth in Paragraphs 10, 15, or 16, such failure to comply shall be treated as a second violation of Title III of the ADA and the United States may seek, and the court may assess, civil penalties as provided in 42 U.S.C. § 12188(b)(2)(C). In the event that the United States files suit to enforce compliance with the ADA, as distinguished from compliance with the terms of this Agreement, nothing in this Agreement shall be construed as a waiver of any of the Company's defenses to an action under the ADA.
16. In consideration of, and consistent with, all the terms of this Agreement, the Attorney General agrees to refrain from undertaking further investigation into and from filing a civil suit regarding all matters contained within this Agreement and its attachments, except as provided in Paragraph 15.
17. The Department's failure to enforce this entire Agreement or any provision hereof, with regard to any deadline or any other provision contained herein, shall not be construed as a waiver by the Department of any right to do so.
18. This Agreement shall be binding upon the Company, its agents, and employees. In the event the Company seeks to transfer or assign all or part of its interests in any facility covered by this Agreement, and the successor or assign intends on carrying on the same or similar use of the facility, then, as a condition of sale, the Company shall obtain the written accession of the successor or assign to any obligations remaining under this Agreement for the remaining term of this Agreement.
19. All notices, demands, or other communications to be provided pursuant to this Agreement shall be in writing and delivered by fax, electronic mail, or overnight mail to the following persons and addresses (or such other persons and addresses as any party may designate in writing from time to time):

    For the Company:
    
    Robert Griffin
    Chief Executive Officer
    Trump Entertainment Resorts Inc.
    1000 Boardwalk
    Atlantic City, New Jersey 08401

    John Donnelly, Esq.
    Donnelly and Clark
    1000 Boardwalk
    Atlantic City, New Jersey 08401

    For the United States:
    
    Kristin Vassallo
    Assistant U.S. Attorney
    United States Attorney's Office
    970 Broad Street
    Newark, New Jersey 07102
    kristin.vassallo@usdoj.gov
    Tel: (973) 645-2835
    Fax: (973) 297-2010

20. This Agreement including Attachment A, constitutes the entire Agreement between the Parties relating to Department of Justice Investigation No. 202-48-237 with respect to the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of any party, that is not contained in this written Agreement shall be enforceable.
21. If any provision of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect, provided however, that if the severance of any such provision materially alters the rights or obligations of the Parties, the Department and the Company shall engage in good faith negotiations to adopt such mutually agreeable amendments to this Agreement as may be necessary to restore the Parties as closely as possible to the initially agreed-upon relative rights and obligations.
22. This Agreement is limited to the Taj facility in Atlantic City, New Jersey and does not apply to any other design or construction project of, or related to, the Company. It is limited to the matters described herein and does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect the Company's continuing responsibility to comply with all aspects of the ADA not covered by this Agreement.
23. A signatory to this document in a representative capacity for the Company represents that he or she is authorized to bind the Company to this Agreement.
24. The effective date of this Agreement is the date of the last signature below. The Agreement shall remain in effect for thirty-six months from the effective date, unless extended by written agreement of the Parties.