Common use of Noise Mitigation Clause in Contracts

Noise Mitigation. No objectionable noises, sounds, odors, or other conditions that are publicly observable or emitted beyond the immediate proximity of the Premises will be created by Applicant. Applicant will strictly comply with D.C. Official Code § 25-725 and to that end shall make architectural improvements to the property and take all necessary actions to ensure that music, noise and vibration from the Establishment are not audible outside the establishment at any time. Applicant specifically agrees that it shall adhere to and be accountable under the provisions of D.C. Code §25-725 as it pertains to residential dwellings in the contiguous physical block on which the Premises are located (except for those residential dwellings located within the CHC/C2A overlay), notwithstanding the fact that such neighboring residential units may not fall within the zoning classification otherwise entitled to enforcement of that provision under D.C. Code §25-725(b)(3). Applicant will take all reasonable steps necessary to mitigate noise emanating from mechanical equipment associated with Applicant’s operations (e.g. HVAC, grease fan) -- including installing sound absorbing and sound dampening materials on the roof between the HVAC and kitchen equipment and the residential properties. Noise mitigating actions may include installation of. Sound absorbing and dampening material will be sufficient to prevent an increase in existing sound level from such equipment, minimize or ▇▇▇▇▇ noises objectionable to residential neighbors, and reduce noise to levels that meet DCMR noise provisions. Applicant agrees to keep its doors and windows closed when music is being played at the establishment. However, it is understood by the parties that Applicant may open its window panels, and that music may be played at such times at a level not audible beyond the street curbside. Notwithstanding this allowance granted by regulations, Applicant voluntarily agrees to keep all windows and drapes closed along the E Street side of the Premises during the hours that the entertainment area is in operation. If necessary, Applicant will take reasonable steps to reduce noise emanating from the Establishment from the opening of the entry or exit doors.

Appears in 1 contract

Sources: Settlement Agreement

Noise Mitigation. No objectionable noises, sounds, odors, or other conditions that are publicly observable or emitted beyond the immediate proximity of the Premises will be created by Applicant. Applicant will strictly comply with D.C. Official Code § 25-725 and to that end shall make architectural improvements to the property and take all necessary actions to ensure that music, noise and vibration from the Establishment are not audible outside the establishment at any time. Applicant specifically agrees that it shall adhere to and be accountable under the provisions of D.C. Code §25-725 as it pertains to residential dwellings in the contiguous physical block on which the Premises are located (except for those residential dwellings located within the CHC/C2A overlay), notwithstanding the fact that such neighboring residential units may not fall within the zoning classification otherwise entitled to enforcement of that provision under D.C. Code §25-725(b)(3). Applicant will take all reasonable steps necessary to mitigate noise emanating from mechanical equipment associated with Applicant’s operations (e.g. HVAC, grease fan) -- including installing sound absorbing and sound dampening materials on the roof between the HVAC and kitchen equipment and the residential properties. Noise mitigating actions may include installation of. Sound of sound absorbing and dampening material will be sufficient to prevent an increase in existing sound level from such equipment, minimize or ▇▇▇▇▇ noises objectionable to residential neighbors, and reduce noise to levels that meet DCMR noise provisions. Applicant agrees to keep its doors and windows closed when music is being played at the establishment. However, it is understood by the parties that Applicant may open its window panels, and that music may be played at such times at a level not audible beyond the street curbside. Notwithstanding this allowance granted by regulations, Applicant voluntarily agrees to keep all windows and drapes closed along the E Street side of the Premises during the hours that the entertainment area is in operation. If necessary, Applicant will take reasonable steps to reduce noise emanating from the Establishment from the opening of the entry or exit doors.

Appears in 1 contract

Sources: Settlement Agreement