VOLUNTARY COMPLIANCE AGREEMENT

between

THE UNITED STATES OF AMERICA

and

LINCOLN CENTER FOR THE PERFORMING ARTS, INC.

WHEREAS, the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12181 et seq., provides, among other things, that “[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation,” 42 U.S.C. § 12182(a); and

WHEREAS, the term “public accommodation” under the ADA includes a “motion picture house, theater, concert hall, stadium, or other place of exhibition entertainment,” 42 U.S.C. § 12181(7)(C); and

WHEREAS, the ADA authorizes the United States Department of Justice to investigate alleged violations of Title III, and to undertake reviews of compliance of covered entities pursuant to 42 U.S.C. § 12188(b)(1)(A)(i); and

WHEREAS, the United States Attorney’s Office for the Southern District of New York (the “United States”) received a complaint alleging that Alice Tully Hall, a theater operated by Lincoln Center for the Performing Arts, Inc., (the “Theater”), located at 1941 Broadway, New York, New York, 10023, was not operating in compliance with the ADA (the “Complaint”); and

WHEREAS, pursuant to its authority under 42 U.S.C. § 12188(b)(1)(A)(i), the United

States commenced an investigation of the facts alleged in the Complaint to determine whether Alice Tully Hall was operating in compliance with Title III of the ADA; and

WHEREAS, as part of its investigation into the Complaint, the United States requested information from the owner and operator of the Theater;

WHEREAS, the United States conducted a limited site inspection of certain features and facilities within the Theater, and met with representatives of the Theater; and

WHEREAS, the United States and the Theater share the goal of resolving the Complaint and ensuring that the Theater operates in compliance with Title III of the ADA; and

WHEREAS, in light of the actions taken by the Theater to date to comply with the ADA, the actions taken by the Theater during the investigation of the allegations contained in the Complaint, and the actions that the Theater has agreed to take as set forth in this agreement (the “Agreement”), the United States has decided to take no further enforcement action at this time with respect to the Theater as a result of the Complaint;

NOW, THEREFORE, IT IS HEREBY AGREED, BY AND BETWEEN THE UNITED STATES OF AMERICA AND THE OWNER AND OPERATOR OF THE THEATER, AS FOLLOWS:

I. APPLICATION AND PARTIES BOUND

1. The Theater is a place of public accommodation within the meaning of 42 U.S.C. §12181(7) because, among other things, it is a “theater, concert hall, stadium, or other place of exhibition entertainment.” 42 U.S.C. § 12181(7)(B); see 28 C.F.R. § 36.104.

2. Lincoln Center for the Performing Arts, Inc. (the “Owner” and the “Operator”) is a public accommodation within the meaning of Title III of the ADA because it owns and operates the Theater, a place of public accommodation. See 42 U.S.C. § 12182(a); 28 C.F.R. § 36.104.

3. This Agreement shall be binding on the Owner and Operator, and each of its agents and employees. In the event the Owner seeks to transfer or assign all or part of its interest in the Theater, and the successor or assignee intends on carrying on the same or similar use of the facility, as a condition of sale the Owner shall obtain the written agreement of the successor or assignee to any obligations remaining under this Agreement for the remaining term of this Agreement.

4. This Agreement shall apply to all public use areas within the Theater. This includes, but is not limited to: public entrances, bar areas, dining areas, assembly areas, toilet rooms, elevators and corridors. This Agreement shall not apply to non-public use areas, such as food preparation and storage locations, employee locker rooms, backstage facilities, and other service-related areas.

II. DEFINITIONS

5. For purposes of this Agreement, the term “Standards” means the 2010 ADA Standards for Accessible Design, 28 C.F.R. § 36.104, which consist of the 2004 ADA Accessibility Guidelines and the requirements contained in 28 C.F.R. Part 36, subpart D (“ADAAG”).

6. For purposes of this Agreement, the term “accessible” means in compliance with the Standards.

7. For purposes of this Agreement, the term “alterations” means a change to the Theater that affects or could affect the usability of the building or facility or any part thereof and includes, but is not limited to, “remodeling, renovation, rehabilitation, reconstruction, historic restoration, changes or rearrangement in structural parts or elements, and changes or rearrangement in the plan configuration of walls and full-height partitions. Normal maintenance, reroofing, painting or wallpapering, asbestos removal, or changes to mechanical and electrical systems are not alterations unless they affect the usability of the building or facility.” See 28 C.F.R. § 36.402(b)(1).

III. MAIN PUBLIC ENTRANCE

8. The Theater shall ensure that its public entrance on Broadway (the “Broadway entrance”) is accessible to, and usable by, persons with disabilities, including persons using wheelchairs for mobility. For purposes of this Agreement, the Theater shall be considered in compliance with this Paragraph if it maintains the Broadway entrance in the condition as it existed at the time of the Government’s inspection on December 4, 2013. The Theater shall notify the United States, through undersigned counsel, in writing if it makes any alteration of the Broadway entrance during the term of this Agreement.

9. The Theater shall provide an accessible route leading into the public areas of the Theater from the Broadway entrance. For purposes of this Agreement, the Theater shall be considered in compliance with this Paragraph if, on or before September 15, 2014, it modifies the handrails of the ramp in the entrance lobby to have 12” long extensions on the top and bottom of each handrail, except where an extension would encroach into the kitchen door opening and/or create a hazardous condition. The Theater shall also install edge protection on the side of the ramp located on the opposite side of the wall. See 2010 Standards §§ 505.10.1, 405.9.2.

IV. RESTROOMS

10. The Theater shall ensure that the Family Restroom located near the Box Office is accessible. For purposes of this Agreement, the Theater shall be considered in compliance with this Paragraph if on or before June 30, 2014, the Theater: (i) moves the lavatory 2” to the left to create additional clear floor space; (ii) replaces the rear grab bar with at 36” long grab bar; (iii) relocates the side grab bar so that it extends 54” from the rear wall and is otherwise compliant with the 2010 Standards; (iv) moves the trash can so that it does not encroach into the required maneuvering clear floor space; (v) provides an accessible means of opening the baby diaper changing station at an accessible height; and (vi) adds a coat hook on the back of the door no higher than 48” above the finished floor. See 2010 Standards §§ 205, 213, 226, 308, 404, 603, 604, 606, 609, 902.

11. The Theater shall ensure that the Men’s Accessible Restroom is accessible. For purposes of this Agreement, the Theater shall be considered in compliance with this Paragraph if on or before June 30, 2014, the Theater: (i) insulates the drain pipes under the lavatories and protects the sharp edges of the brackets under the lavatories from contact; (ii) lowers the mirror, or adds a section to the mirror, so that the bottom edge of the reflecting surface is no higher than 40” above the finished floor; (iii) relocates the side grab bar so that it extends 54” from the rear wall and is otherwise compliant with the 2010 Standards; (iv) installs a coat hook no higher than 48” above the finished floor; (v) provides an accessible means of opening the baby diaper changing station at an accessible height; and (vi) adjusts and maintains the closing mechanism of the door so that no more than 5 pounds of force is required to open the door. See 2010 Standards §§ See 2010 Standards §§ 205, 213, 226, 308, 404.2.9, 603, 604, 606, 609, 902.

12. The Theater shall ensure that the Women’s Accessible Restroom is accessible. For purposes of this Agreement, the Theater shall be considered in compliance with this Paragraph if on or before June 30, 2014, the Theater: (i) insulates the drain pipes under the lavatories and protects the sharp edges of the brackets under the lavatories from contact; (ii) relocates the side grab bar so that it extends 54” from the rear wall and is otherwise compliant with the 2010 Standards; (iii) installs a coat hook no higher than 48” above the finished floor; (iv) adjusts and maintains the closing mechanism of the door so that the maximum force required to open the door does not exceed 5 pounds; and (v) modifies the stall door to provide 32” clear opening when the stall door is open 90 degrees. See 2010 Standards §§ 213, 308, 404.2.3, 404.2.9, 603, 604, 606, 609.

V. ASSEMBLY AREA

13. The 2010 Standards require the Theater to have 6 wheelchair spaces, 6 companion seats, and aisle transfer seats for at least 5% of all aisle seats. The 2010 Standards further require dispersion of accessible seats such that the Theater provides wheelchair users with choices of seating locations and viewing angles that are substantially equivalent to, or better than, the choices of seating locations and viewing angles available to all other spectators. The Theater currently meets these requirements, and in certain configurations of the theater, exceeds these requirements. The Theater shall ensure that the number and distribution of accessible wheelchair seating, companion seats, and aisle transfer seating continue to be maintained consistent with the requirements of the 2010 Standards even if the Theater changes the current seating plan. See 2010 Standards §§ 221, 802.

VI. ELEVATORS AND ACCESSIBLE ROUTES

14. The Theater shall ensure that the elevators are equipped with visual notification components for the emergency intercom and audible floor indicators on or before August 31, 2014. See 2010 Standards §§ 206.6, 407.1, 105.2.2, 407.4.8.2, 407.4.9.

15. The Theater shall install an automatic door opener on the route from Elevator S to the seats in the back row of the orchestra on or before May 31, 2014, and an automatic door opener on the route from Elevator S to the seats in the back row of the balcony on or before August 31, 2014. See 2010 Standards § 404.3.

16. The Theater shall provide an accessible route from Elevator T to the entrance of Box A. For purposes of this Agreement, the Theater shall be considered in compliance with this paragraph if, on or before August 31, 2014, to the extent allowed by the building official and fire marshal, the Theater constructs a level platform flush with the interior side of Box A and extending out to column in the adjacent lounge with an 8.3% maximum slope approach ramp, and installs an automatic door opener. See 2010 Standards §§ 402, 404.3, 405.

VII. POLICIES, PRACTICES, AND PROCEDURES

17. The Theater shall ensure that it maintains ticketing policies in compliance with 28 C.F.R. § 36.302(f).

VIII. ALTERATIONS

18. The Owner and Operator acknowledge and agree that any alteration to the Theater “shall be made so as to ensure that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.” See 28 C.F.R. § 36.402(a). The Owner and Operator further acknowledge and agree that if an alteration affects or could affect the usability of or access to an area of the Theater that contains a primary function, that alteration shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered area and the restrooms, telephones, and drinking fountains serving the altered area are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless the cost and scope of such alterations is disproportionate to the cost of the overall alteration. See 28 C.F.R. § 36.403(a)(1). The Owner and Operator agree to notify the United States, in writing, of any alterations to the Theater commenced during the term of this Agreement and shall, in that notification, specify the steps taken to ensure that the alterations comply with the Standards to the maximum extent feasible.

IX. COMPLIANCE

19. On or before September 30, 2014, the Theater shall provide to the United States a narrative report of the actions taken to remove any barriers to access and a certification confirming compliance with this Agreement. If providing the accessible route to Box A, as described in Paragraph 16 of this Agreement requires a variance from the New York City Department of Buildings, and the amount of time necessary to attain such a variance appears to not allow completion of this item by August 31, 2014, the Theater shall notify the United States within ten days of being informed by the Department of Buildings of the time necessary to attain the variance (which may not happen until the completion of the plan review process) and come to an agreement with the United States for an amended completion date that takes into account a reasonable amount of additional time for securing the variance and any other delays related thereto.

20. The Theater shall cooperate in good faith with any and all reasonable requests by the United States for access to the Theater and for information and documents concerning the Theater’s compliance with this Agreement and the ADA.

21. The United States shall have the right to verify compliance with this Agreement and the ADA, both as set forth in this Agreement and through any means available to the general public, including visits to the public areas of the Theater and communications with Theater staff. The United States shall have the right to inspect the facility at any time, and counsel for the United States need not identify themselves in the course of visits to the public areas.

X. ENFORCEMENT

22. If the United States believes that this Agreement or any of its requirements has been violated, it will notify the Owner and Operator of the Theater in writing and attempt to resolve the issue or issues in good faith. If the United States and the Owner and Operator of the Theater are unable to reach a satisfactory resolution of the issue or issues, the United States may commence a civil action in the United States District Court for the Southern District of New York to enforce the terms of this Agreement and/or the ADA.

XI. GENERAL PROVISIONS

23. In consideration for the Theater’s timely performance of all of its obligations under this Agreement, the United States agrees to discontinue its investigation of the Complaint and the Theater’s compliance with the ADA, except as provided in the Enforcement portion of this Agreement. The United States reserves the right to investigate any complaint it receives concerning the Theater, to initiate future compliance reviews concerning the Theater with respect to any aspect of the Theater or its operation not expressly addressed in Parts III through VII of this Agreement, and to investigate and commence a civil action with respect to any violation of the ADA. In the event the United States receives and investigates an ADA complaint concerning the Theater, or commences any future compliance review concerning the Theater, nothing in this Agreement shall limit the scope of any investigation or compliance review of the Theater or preclude the United States from seeking relief beyond that required under this Agreement.

24. A copy of this Agreement shall be made available to any person upon request.

25. The Effective Date of this Agreement is the date of the last signature on the Agreement. The term of this Agreement is either three years from the Effective Date or until the Theater provides a certification of completion of all construction identified herein, whichever period is shorter.

26. This Agreement memorializes the commitments made by the Owner and Operator of the Theater to increase accessibility of the Theater and the terms under which the United States has agreed to conclude its investigation of the Complaint without further review or enforcement action. This Agreement is not intended to certify or signify, however, that the Theater is now (or, with the actions taken pursuant to this Agreement, will be) in full compliance with the ADA, or constitute a finding by the United States of such compliance, and it may not be used in any proceeding to signify such compliance. This Agreement does not affect the Theater’s continuing responsibility and obligation to comply with all aspects of the ADA. This Agreement is not intended to reflect any legal interpretation of any provisions of the ADA by the United States, and it may not be used in any proceeding to demonstrate such legal interpretations.

27. This Agreement does not constitute an admission by the Theater of non-compliance with any provision of the ADA.

28. The individuals signing this Agreement represent that they are authorized to bind the parties to this Agreement.

29. Failure by the United States to enforce the entire Agreement, with regard to any deadline or any other provision of the Agreement, shall not be construed as a waiver of its right to enforce other deadlines or provisions of the Agreement.

30. This Agreement constitutes the entire agreement between the parties relating to the Complaint, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this Agreement, shall be enforceable.