APPROPRIATE GOVERNMENTAL BODIES BY WHICH TRIBE CAN
LEGALLY OPERATE A FULL AND SATISFACTORY RANGE OF GAMES IN" ORDER TO ENHANCE THE
FINANCIAL BENEFITS OF THE FACILITIES TO TRIBE AND MANAGER AND TO INSURE THE
FINANCIAL FEASIBILITY OF THE
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PROPOSED PROJECTS; (IV) BY USING ITS BEST EFFORTS TO CAUSE SEWER, WATER AND
ELECTRICITY, ADEQUATE FOR THE PROJECT TO BE EXTENDED TO THE SITE AT NO COST TO
MANAGER OR GAMING OPERATION; AND (V) BY TIMELY PROMULGATING APPROPRIATE TRIBAL
GAMING LAWS AND REGULATIONS BY WHICH MANAGER CAN BE GUIDED AND BY WHICH TRIBE
WILL EXERCISE THE REQUIRED TRIBAL CONTROL AND REGULATORY AUTHORITY OVER ITS
GAMING INDUSTRY.
OTHER THAN THE EXISTING SALES TAX ON CERTAIN GIFT SHOP ITEMS
AND THE ENTERTAINMENT TAX OF 51.00 ( CONTAINED IN CHAPTER 5 OF THE TRIBE'S
GENERAL REVENUE AND TAXATION ACT OF 1988, AS AMENDED ON OCTOBER 5, 1991), TRIBE
AGREES TO REFRAIN FROM THE PROMULGATING OR ENFORCING OF LAWS OR THE ASSESSING OR
COLLECTING OF TAXES ON THE OPERATION OF THE GAMING FACILITY OR MANAGER,
INCLUDING ALL PROFIT CENTERS AND ACTIVITIES THEREIN WHICH, IN THE JUDGMENT OF
MANAGER, MIGHT SERVE TO REDUCE THE BENEFITS OF THIS AGREEMENT TO MANAGER DURING
THE TERM OF THIS AGREEMENT, AND IN THE EVENT ANY SUCH LAW OR ASSESSMENT EXISTS
OR IS DULY PROMULGATED, TRIBE, BY THIS AGREEMENT, EXEMPTS THE GAMING AND RELATED
BUSINESS ACTIVITIES OF THIS FACILITY THEREFROM FOR THE TERM OF THIS AGREEMENT
AND WAIVES PAYMENT AND ENFORCEMENT OF SAME.
ANY SUCH CHANGE OF LAW OR
REGULATION WILL BE APPLICABLE TO THE SUBJECT FACILITY DURING THE TERM OF THIS
AGREEMENT ONLY WITH THE WRITTEN CONSENT OF MANAGER.
IN THE EVENT THE TRIBE
IMPOSES A TAX, FEE OR OTHER CHARGE IN CONTRAVENTION OF THIS SECTION, THE TRIBE
SHALL BE OBLIGATED TO REIMBURSE MANAGER WITHIN SEVENTY-TWO (72) HOURS.
IF THE
TRIBE FAILS TO REIMBURSE MANAGER WITHIN SEVENTY-TWO (72) HOURS, MANAGER SHALL BE
ENTITLED TO DEDUCT THE AMOUNT OF THE REQUIRED REIMBURSEMENT FROM THE TRIBE'S
SHARE OF NET REVENUES OTHERWISE DISTRIBUTABLE UNDER SECTION 6.1 OF THIS
AGREEMENT.
2.4
TERM OF AGREEMENT.
THIS AGREEMENT SHALL BE FOR A TERM OF SEVEN
(7) YEARS FROM THE DATE OF THE FIRST DAY SAID FACILITY IS OPENED FOR BUSINESS.
IN THE EVENT A COMPACT PERMITTING CLASS III GAMING IS PROPERLY SECURED, IT IS
THE INTENTION OF THE PARTIES HERETO TO NEGOTIATE IN GOOD
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FAITH TO CAUSE THE TERM OF THIS AGREEMENT TO BE EXTENDED AND EXPANDED TO PERMIT
THE DEVELOPMENT OF CLASS III FACILITIES.
TRIBE AGREES THAT IT WILL USE ITS BEST
EFFORTS TO SEEK APPROPRIATE APPROVALS FROM NIGC FOR SUCH EXTENSIONS AND
EXPANSION.
IN THE EVENT SUCH APPROVAL IS NOT OBTAINED, MANAGER SHALL HAVE NO
OBLIGATION TO PROCEED WITH THE EXPANSION OF THE FACILITIES.
ARTICLE III
EMPLOYEES AND OPERATIONS
3.1
PERSONNEL.
ALL EMPLOYEES OF THE GAMING FACILITY (OTHER THAN THE
GENERAL MANAGER) SHALL BE CONSIDERED EMPLOYEES OF THE GAMING ENTERPRISE ASSIGNED
TO SAID TRIBAL GAMING FACILITY UNDER THE AUTHORITY AND SUPERVISION OF MANAGER.
SUBJECT TO THE PROVISIONS OF SECTION 3.1 (D),