Monitoring Programs and Mitigation Measures. Licensor and Licensee have conferred and agreed upon a detailed monitoring plan to evaluate the movement and/or settlement of the Hotel Parking Facility during construction of the Support System and the Subgrade Work, including the proposed monitoring equipment, the location of movement and settlement reading points, and the frequency of such monitoring (the “Settlement Monitoring Plan” attached and incorporated into this Agreement as Exhibit “E”). Licensor and Licensee have conferred and agreed upon reasonable dust control measures (the “Dust Control Plan” attached and incorporated into this Agreement as Exhibit “C”) for mitigating dust intrusion into the Building during construction of the Support System and the Subgrade Work. Attached hereto as Exhibit “D” and incorporated into this Agreement is the work plan setting forth the minimally acceptable procedures for minimizing and monitoring the impact of vibration affecting the Hotel Parking Facility during the construction of the Support System and the Subgrade Work (the “Vibration Monitoring and Response Plan”). Licensor acknowledges that, as would be expected with any construction project such as the Redeveloped Parking Facility, Licensee’s construction activities will result in some vibration above ambient levels. The Vibration Monitoring and Response Plan establishes (a) a maximum acceptable level of vibration and (b) agreed upon procedures for (i) monitoring whether Licensee’s construction activities cause vibrations which exceed such maximum level, (ii) modifying Licensee’s construction procedures if such maximum level is exceeded and (iii) responding to any complaints from any Licensor’s guests and invitees relating to such vibration.
