SETTLEMENT AGREEMENT UNDER THE AMERICANS WITH DISABILITIES ACT BETWEEN THE UNITED STATES OF AMERICA AND EXXON COMPANY, U.S.A. FOR COMPLAINT XXXX This Settlement Agreement (hereinafter "Agreement") is made and entered into by and among the United States of America and Exxon Company, U.S.A., a division of Exxon Corporation, (hereinafter "Exxon"), a corporation incorporated under the laws of New Jersey. Recitals This matter was initiated by a complaint filed on May 26, 1992 (the "complaint") with the United States Department of Justice (the "Department") against a service station located at 2300 Jefferson Davis Highway in Arlington, Virginia (hereinafter, the "Facility"). Exxon owns and operates the Facility. The complaint was investigated by the Public Access Section of the Civil Rights Division of the Department, under the authority granted by section 308(b) of the Americans with Disabilities Act ("ADA" or the "Act"), 42 U.S.C. S 12188(b). The complaint alleged that the Facility is operating in violation of the ADA, because its owners and operators have failed to remove architectural barriers where such removal was readily achievable and have failed to modify their policies to ensure nondiscriminatory treatment to persons with disabilities. In order to resolve potential litigation and in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. Jurisdiction. The parties agree that Exxon is subject to the requirements of title III of the ADA because it is the owner and operator of the Facility, which is a public accommodation, as defined in section 301(7) (F) of the Act, and a place of public accommodation, as defined in section 36.104 of the Department's implementing regulation. 42 U.S.C. S 12181(7)(F); 28 C.F.R. S 36.104. 2. Scope of Complaint. The Department of Justice maintains that the complaint included and is limited to the following allegations: a. Gasoline pumps at the Facility include electronic mechanisms for payment and activation of the pumps that are above the height reach criteria to allow persons with disabilities, including persons using wheelchairs, to independently dispense gasoline products through the pumps. b. Attendants or employees at the Facility failed to provide pumping service or provide other services for persons with disabilities. 01-07446 2 3. Scope of Agreement. The parties agree that the terms of this Agreement will relate only to the allegations raised in the complaint and will have no effect on other places of public accommodation owned, leased, or operated by Exxon. 4. No Alterations. Exxon states that no physical alterations were made at or to the multi product dispensing equipment at the Facility after January 26, 1992, and through the effective date of this Agreement. 5. Removal of Barriers. Exxon agrees to make the following modifications at the Facility within thirty (30) days after the effective date of this Agreement. a. Exxon will designate at least one of the pumps closest to a kiosk, which will remain operational throughout the Facility's business hours, as accessible, by providing signage depicting the international symbol of accessibility in compliance with section 4.30.7 of the Americans with Disabilities Act Standards for Accessible Design, 28 C.F.R. pt. 36, Appendix A (hereinafter "ADA Standards"). b. Exxon will include labels and/or signs at all pumps at the Facility for persons with disabilities indicating that the pumps may be activated either by using the electronic card reader or by (1) removing the nozzle and lifting the hook on the pump, (2) waiting for an attendant in the kiosk to authorize the transaction, (3) requesting that the attendant activate the pump, and (4) directing the customer to pay the cashier at the kiosk. Instructions will also direct the customer to see the cashier if there is a problem in activating the pump. c. Exxon will ensure that an accessible route, as described section 4.3 of the ADA Standards, between the pump designated as accessible, as described in paragraph 5(a) above, and an operational kiosk is maintained at all times. Exxon will also ensure that sufficient clear floor space, as described in section 4.2 of ADA Standards, is maintained at all times. 6. Modification of Policies. Exxon agrees that the following refueling assistance policies will be in effect within thirty (30) days after the effective date of this Agreement at the Facility. a. Exxon agrees that, if more than one employee is on duty and there is no security risk to the employee at the Facility, it will provide refueling assistance at the pump to any person with a disability who specifically requests refueling assistance and makes that request known to the Exxon employee. b. When refueling services are provided to persons with disabilities, no additional charges will be imposed over the 01-07447 3 self-serve price then currently charged for such products at the Facility. c. Exxon will train its employees and implement a policy at the Facility to ensure that the accessibility of the pumps, as described in its signage required in paragraph 5(b) above, is maintained at all times. 7. Readily Achievable. The parties agree that the modifications, as described in paragraphs 5(a) through 5(c), inclusive, and paragraphs 6(a) through 6(c), inclusive, are readily achievable, as defined in section 301(9) of the Act and section 36.104 of the Department's implementing regulation. 42 U.S.C. S 12181(9); 28 C.F.R. S 36.104. 8. Further Investigation or Litigation. In consideration of the terms of this Agreement as set forth above, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit under title III in this matter. 9. No Admission. The Agreement is agreed to be in compromise of disputed claims and does not represent either an admission or finding of any liability or violation on the part of Exxon. 10. Review of Compliance and Enforcement. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any requirement thereof has been violated, it may institute a civil action after giving Exxon ten (10) days notice of noncompliance and an opportunity to cure such noncompliance within the notice period provided. Such notice should be sent to the Chief Marketing Attorney, Law Department, Exxon Company, U.S.A., P.O. Box 2180, Houston, Texas 77252-2180. 11. No Waiver. Failure by the Department to enforce this entire Agreement or any provision thereof with regard to any deadline or any provision herein shall not be construed as a waiver of its right to do so with regard to any deadline and provision of this Agreement. 12. Notification and Enforcement. In the event that Exxon fails to comply in a timely fashion with any requirement of this Agreement within thirty (30) days after the effective date of this Agreement, all terms of this Agreement shall become immediately enforceable in United States District Court unless the Department has authorized an extension for compliance. 13. Public Nature. This document is a public record for purposes of the Freedom of Information Act. A copy of this document may be made available pursuant to the Freedom of Information Act. 01-07448 4 14. Effective Date. The effective date of this Agreement is the date of the last signature below. 15. Binding Nature. This Agreement shall be binding on Exxon and any assignees or successors in interest to Exxon. 16. Notification. Exxon shall notify any purchaser, assignee or successors in interest to the Facility of this Agreement. 17. Integration. This Agreement constitutes the entire agreement between the parties on the matters raised herein, 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 written agreement, shall be enforceable. For Exxon Company U.S.A.: For the United States: (a division of Exxon Corporation) By: (Signature) James P. Turner Acting Assistant Title: Attorney General Vice-President Date March 10, 1994 By: (Signature) John L. Wodatch Randall M. Pais Joan A. Magagna Counsel Ken S. Nakata Exxon Company U.S.A. Attorneys P.O. Box 2180 Public Access Section Houston, Texas 77252-2180 Civil Rights Division (713) 656-9727 U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 (202) 307-2232 Date March 20, 1994 01-07449