BASIS TO THE CITY OF BUFFALO COMMON COUNCIL TO REPORT
ON THE FOREGOING MARKETING EFFORTS.
(iv)
Nothing contained in this Section 7(f) shall be deemed to limit
the Corporation's ability and right to market the Casino and the City as tourist
destinations.
8.
COVENANT OF THE NATION.
EACH OF THE CORPORATION AND NATION WILL
DESIGNATE AN INDIVIDUAL TO PARTICIPATE ON THE BOARD OF DIRECTORS DESCRIBED IN
SECTION 6(C) ABOVE.
9.
INTENTIONS.
WITH NO LEGAL OBLIGATION OF EACH TO THE OTHER
(EXCEPT TO THE EXTENT EXPRESSLY SET FORTH ELSEWHERE IN THIS AGREEMENT) BUT AS A
CONFIRMATION OF THEIR RESPECTIVE GOOD FAITH INTENTIONS:
(A)
CORPORATION.
THE CORPORATION DECLARES ITS INTENTION TO (I) BE A
GOOD NEIGHBOR TO THE CITY, (II) EMPLOY APPROXIMATELY ONE THOUSAND (1,000) PEOPLE
AT THE FACILITIES LOCATED ON THE SENECA BUFFALO CREEK TERRITORY AFTER OPENING OF
THE CASINO , WITH FIRST AND SECONDARY PREFERENCE GIVEN TO QUALIFIED MEMBERS OF
THE SENECA NATION AND NATIVE AMERICANS, RESPECTIVELY, IN ACCORDANCE WITH NATION
LAW, AND THEN CONSISTENT WITH EXISTING HUMAN RESOURCE POLICIES OF THE SENECA
GAMING CORPORATION TO PROVIDE A PREFERENCE FOR QUALIFIED LOCAL RESIDENTS, WHICH
IN THE CASE OF THE SENECA BUFFALO CREEK CASINO WOULD BE THE RESIDENTS OF THE
CITY OF BUFFALO, BUT WITH DUE REGARD FOR DIVERSITY WITHIN THE WORKFORCE AT ALL
LEVELS AND WITH SPECIAL EFFORTS TO RECRUIT IN HIGH UNEMPLOYMENT AREAS OF THE
CITY OF BUFFALO, AS DESIGNATED BY THE CITY AND SUCH HIRING GOALS ACKNOWLEDGE THE
CITY'S PREFERENCE THAT 50% OF THE EMPLOYEES AT THE CASINO SHALL BE LOCAL
RESIDENTS TO THE EXTENT PRACTICABLE, (III) USE LOCAL CONSTRUCTION COMPANIES IN
CONSTRUCTION OF THE FACILITIES LOCATED ON THE SENECA BUFFALO CREEK TERRITORY AND
LOCAL VENDORS AND SUPPLIERS TO PURCHASE THE MAJORITY OF ITS SUPPLIES AND
SERVICES (RECOGNIZING THAT THEY MUST FIRST BE LICENSED UNDER APPLICABLE NATION
PROCEDURES AND THAT THE CONTRACTING AND PROCUREMENT PROCESSES ARE SUBJECT TO
NATION LAW), (IV) EXPLORE NON-GAMING ECONOMIC DEVELOPMENT PROJECTS IN THE CITY
ON LAND NOT TAKEN INTO RESTRICTED FEE STATUS, (V) BUILD THE CASINO AND ALL OTHER
IMPROVEMENTS ON THE SENECA BUFFALO CREEK TERRITORY TO BUILDING CODE REQUIREMENTS
THAT ARE AT LEAST AS HIGH AS THOSE ANALOGOUS BUT OTHERWISE INAPPLICABLE NEW YORK
STATE BUILDING CODES, ACKNOWLEDGING THAT NEW YORK STATE BUILDING CODES ARE NOT
OTHERWISE APPLICABLE TO SUCH CONSTRUCTION, (VI) CONTINUE TO FOLLOW POLICIES WITH
THE GOAL OF HAVING A WORKFORCE TO BE EMPLOYED AT THE GAMING FACILITY ON THE
SENECA BUFFALO CREEK TERRITORY THAT IS COMPOSED OF AT LEAST 25% MINORITIES
(WHICH TERM INCLUDES, FOR PURPOSES OF THIS SECTION 9(A) AND SECTION 7(E) ABOVE,
MEMBERS OF THE NATION AND NATIVE AMERICANS) AND AT LEAST 8% WOMEN; AND (VII) TO
USE GOOD FAITH EFFORTS TO MAINTAIN IN EFFECT, DURING THE CONSTRUCTION PHASE AND
DURING THE OPERATION OF THE FACILITY ON THE SENECA BUFFALO CREEK TERRITORY,
POLICIES DESIGNED TO ACHIEVE THE GOAL THAT AT ALL TIMES 25% AND 8% OF SUCH
FACILITY'S SUPPLIERS OF GOODS AND SERVICES (BY NUMBER AND DOLLAR VOLUME) WILL BE
MINORITY AND FEMALE OWNED BUSINESSES, RESPECTIVELY, (RECOGNIZING THAT,