SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CAVALIERS OPERATING COMPANY, LLC

A. ACCESSIBLE SEATING

7. Within 30 days of the Effective Date of this Agreement, the Cavs shall provide at least one hundred and ten (110) wheelchair spaces in Quicken Loans Arena in compliance with the wheelchair space requirements set forth in table 221.2.1.1 of the Standards. (“Wheelchair Spaces”).   Notwithstanding the previous sentence, if Quicken Loans Arena is configured for an event in a manner that reduces its seating capacity from 19,819, the Cavs may decrease the number of Wheelchair Spaces available for that event by the following proportion: one Wheelchair Space for every 200 fixed seats less than 19,819.

8. Wheelchair Spaces shall be thirty six (36) inches wide (or as otherwise required by Section 802), located on a level floor surface, and shall adjoin accessible routes.  Wheelchair Spaces shall also be an integral part of the seating plan such that they are within the footprint of the seating area and not segregated in any way from the fixed seating. 

9. Wheelchair Spaces shall be an integral part of the seating plan in compliance with Standards § 221.2.2 and shall provide spectators in wheelchairs choices of seating in compliance with Standards § 221.2.3.  Wheelchair Spaces shall be dispersed vertically at varying spaces from the performance area or playing field, and in each balcony or mezzanine, per Standards § 221.2.3.2, and dispersed horizontally around the performance area or playing field, per Standards §§ 221.2.3.1 and 36.406(f)(2).

10. Wheelchair Spaces shall provide lines of sight in compliance with Standards § 802.2. 

11. The Cavs shall ensure that they provide at least one hundred and ten (110) seats adjacent to the Wheelchair Spaces in Quicken Loans Arena in compliance with Standards § 221.3 and § 802.3 (“Companion Seats” and together with Wheelchair Spaces, “Accessible Seating”).

12. Companion Seats shall be equivalent in size, quality, comfort, and amenities to the seating in the immediate area in compliance with Standards § 802.3.  Companion Seats shall be permitted to be movable.

13. If an event at Quicken Loans Arena requires the placement of equipment on a flat surface (“Equipment”), the Cavs shall require that the Equipment be placed on surfaces other than areas designated for Accessible Seating.  Notwithstanding the previous sentence, if it is not readily achievable to use a surface other than one previously designated for Accessible Seating, the Cavs shall provide an equal number of Wheelchair Spaces and Companion Seats that are displaced by the Equipment in an area of the Arena with equivalent sight lines and amenities, as required by law.

14. The Cavs shall provide Wheelchair Spaces and Companion Seats in each specialty seating area that provides spectators with distinct services or amenities that generally are not available to other spectators in compliance with 28 C.F.R. § 36.308.  Notwithstanding the previous sentence, if it is not readily achievable for the Cavs to place Wheelchair Spaces and Companion Seats in each such specialty seating area, it shall provide those services or amenities to individuals with disabilities and their companions at other designated accessible locations at no additional cost.

15. The Cavs shall provide aisle seats in Quicken Loans Arena that comply with Standards § 802.4.  Specifically, where armrests are provided on the seating in the immediate area, folding or retractable armrests shall be provided on the aisle side of the seat.  Each designated aisle seat shall be identified by a sign or marker.