"To ensure the viability of the New England Aquarium’s operations during the
construction of the Harbor Garage property both parties have agreed to the
following $30 million indemnification framework to cover loss of revenue
based upon expected Aquarium visitation numbers of 1.37 million guests per
year for the estimated three year construction schedule. Under the terms of
the agreement the Harbor Garage developer will cover in whole the first $10
million in revenue loss outright. In addition, the Harbor Garage Developer
will cover another $20 million of revenue shortfall in the form of a mitigation
loan.
"The loan will be repaid to the developer of Harbor Garage based upon
future Aquarium revenue increases above preconstruction revenue. The
Aquarium will repay fifty-percent (50%) of the revenue increases for a period
of four years after the first certificate of occupancy for the Harbor Garage
project."