to attendance,
pari-mutuel handle, the quality of racing and any other issue not specifically
addressed in this Agreement which will assist the Pennsylvania thoroughbred
horse racing industry to be progressive and competitive.
The Committee shall
determine how to
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resolve any of the foregoing issues and it may recommend any impose to
arbitration in accordance with Section 8.(b) of this Agreement.
8.
PA HBPA COVENANT
(A)
PA HBPA COVENANTS THAT SO LONG AS
ASSOCIATIONS COMPLY WITH THE PROVISIONS OF THIS AGREEMENT, PA HBPA WILL NOT
INSTITUTE OR INSTIGATE, PROMOTE, ENCOURAGE, CONDONE, OR ENGAGE IN ANY BOYCOTT,
CLOSE DOWN, SLOW DOWN, STOPPAGE OF, OR INTERFERENCE WITH ANY RACE MEET OR RACE
MEETS OF ASSOCIATIONS AT PERM NATIONAL.
PA HBPA WILL USE ITS BEST EFFORTS TO
ENSURE THAT ITS MEMBERS COMPLY WITH THIS PARAGRAPH.
(B)
IN THE EVENT THAT THERE IS A DISAGREEMENT
BETWEEN THE PARTIES AS TO WHETHER ANY PARTY HAS COMPLIED WITH THE TERMS OR
CONDITIONS IN THIS AGREEMENT, THEN THE ASSOCIATIONS SHALL CHOOSE AN ARBITRATOR
AND THE PA HBPA SHALL CHOOSE AN ARBITRATOR.
THE TWO ARBITRATORS SHALL CHOOSE A
THIRD ARBITRATOR, AND THE BOARD OF ARBITRATORS SHALL DECIDE THE ISSUES INVOLVED
AND EACH PARTY AGREES TO BE BOUND BY THE DECISION OF THE ARBITRATION PANEL.
NO
ACTION SHALL BE TAKEN BY PA HBPA PROHIBITED BY PARAGRAPH 8(A) UNLESS AND UNTIL
THE ARBITRATORS HAVE DETERMINED THAT ASSOCIATIONS ARE NOT IN COMPLIANCE WITH THE
TERMS HEREOF.
9.
ASSOCIATIONS' COVENANTS
(A)
THE ASSOCIATIONS WILL NOT, BY MEANS OF
AGREEMENT OR OTHERWISE, SEEK TO ESTABLISH OR IMPOSE UPON THE HORSEMEN A MONOPOLY
CONCERNING HORSESHOERS, FEEDMEN, TACK SUPPLIERS, JOCKEYS OR ANY OTHER SUPPLIERS
OR
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SERVICEMEN CUSTOMARILY USED BY HORSEMEN.
NOTWITHSTANDING THE FOREGOING, THE
ASSOCIATIONS RESERVE THE RIGHT TO IMPOSE REASONABLE NONDISCRIMINATORY
REQUIREMENTS FOR SECURITY, SAFETY AND ENVIRONMENTAL REASONS ON THE ASSOCIATIONS'
PREMISES AND TO LIMIT ACCESS TO ONLY THOSE VENDORS, SUPPLIERS AND SERVICEMEN WHO
ARE PROPERLY LICENSED BY THE STATE HORSE RACING COMMISSION AND CONDITIONED UPON
THEIR COMPLIANCE WITH REASONABLE RULES AND REGULATIONS PROMULGATED BY THE
ASSOCIATIONS.
(B)
THE ASSOCIATIONS WILL NOT, IN MAKING THEIR
STALL ALLOCATIONS, DISCRIMINATE AGAINST ANY HORSEMEN BECAUSE OF THE HORSEMAN'S
PARTICIPATION IN LAWFUL PA HBPA ACTIVITIES.
ALLOCATIONS OF STALLS SHALL,
SUBJECT TO THE LIMITATIONS AND CONDITIONS DESCRIBED THROUGHOUT THIS AGREEMENT,
REMAIN THE PREROGATIVE OF THE ASSOCIATIONS.
10.
RECOGNITION OF PA HBPA
Subject to applicable law, Associations recognize PA HBPA as the exclusive
representative of the horse owners and trainers racing at Penn National, the
majority of whom are members of the PA HBPA and, during the term of this
Agreement, and any extension, for purposes of negotiating a successor live
racing agreement.
During the term of the Agreement, and any extension,
Associations agree that they will not negotiate with any other group purporting
to represent horsemen at Penn National and Associations further agree that they
will not revoke the foregoing recognitions, and will not supplant, attempt to
supplant or encourage the supplanting of the PA HBPA as the exclusive
representative of horsemen at Penn National.
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