the district court basically suggested that what the to layoffs were trying to do was to cherry pick the most beneficial portions of the spokane agreement without accepting the interrelated conditions which as i understand it would significantly reduce the total number of gaming machines that your client could then operate in its casinos and for that reason tribe and those games were not permitted in shoney's compact and shown he would be permitted to offer those same additional games the state then subsequently agreed to to allow other tribes to operate those additional gaves but condition those additional games on numerical the next limits in other other conditions and that is precisely what says in order to understand the terms of the contract we have to look at all the terms of the contract and that's what i'm doing in looking at what's in the spokane compact yes your honor and and if you look at the argument a waiver argument is an affirmative defense and it's way if not if not raised below but on the merits a pointed to no no case law or statutory language that it the state basically said to the to lay all of us will give you the same deal that we gave the spokane tribe but you didn't want that because it contains a restriction on the maximum number of machines that would reduce machines that you have do i understand the record correctly your honor the state wanted us to take the entire appendix spokane they said you have to take everything to a lookup cannot possibly take all the terms of spokane's property but it's really a question of the numbers you so you would like to have the option of the tribal fund but you know also like to not have the restrictions that go  access to i have tea but does not have the corresponding limit on machines your honor no spokane is the only trying to has the idea that i d f at this time if you look at the inner tribal funds the numerical limits are not in the actual operating provisions of the inner travel find they are contained in the separate in separate section moreover the numerical limits are specific to whole and the terms given the reasonable interpretation the parties intent must be gleaned by the words actually used and nothing into compact permits to obtain more favorable terms than those obtained by any other washington tried all tribes in washington persist in the same tribal lottery system each tribe including spokane antelope receive an allocation of nine hundred seventy five may operate more terminals by up obtaining them through the inner tribal acquisition plan set forth in appendix x to two layoffs most favored nation says that if the state ever permit terms that are different from it is only entitled to the same allocation terms as ok are not different ones washington's tribal lottery system defines the boundaries of the number of gaming terminals allowed in the state and the limitations that are set on other try well if i can i just clarify something on that too whether tulalip would be the only tried right now it's only tribe that has made but the problem with the inner tribal fund without the limitation is that that all of the tribes agreed to appendix spokane they greed to it jointly and they greed to the provisions such that they would obtain any additional terminals to operate through this joint acquisition and transfer plan set up an appendix next to by forcing the state into inner tribal fund that not only could other tribes and if i'm into it would also is let me make sure and or send because we've got a rule nineteen problem here that we haven't talked about yet and that is that if we're inclined to rule in favor of the tollway ups are all the other tribes necessary parties and therefore would we have to  no they're not it's not that they're not entitled to that and well if they were if they were then they could get it through contact with the state's position is is not everybody wants to have the inner trouble fact and that is certainly not with the state agreed machines without having to pay the same lease rates that they're currently having to pay other tribes if they are by their rights to the machine  speaking the higher operating limit it is seeking to change the way that attains those rights it is a different argument as the state pointed out and it's great if there's nothing to prevent to let from attaining that same forty seven hundred operating this court should reject the tribes request to rewrite the compact into something that the state of washington has never agreed to with any other tribe and is without the state's consent i'd like to touch a little bit on the rule nineteen argument because again if were to find the toilets argument has merit under the language of the compact it still cannot attain its requested relief because it has not joined the other remaining chives in the state of washington who are required parties it is not about the fact global uniform tribal lottery system the tribes possessed a legally protected interest in the terms of that agreement and any opinion amendment tippin expects to that removes the requirement that a tribe participate in that system give rise to all nineteen for it furthermore that would not constitute sufficient injury to the tribes that are currently leasing their rights to the machine no your honor it when there is nothing in the compa bargaining with or bargaining power in that same the same thing in other words they wouldn't be able to command the same rates that they're getting today they'd be in a weaker position than they are right now under the existing state of the