OFFICE SHALL BE LOCATED ON CHARLES TOWN RACES
PROPERTY, SHALL BE APPROXIMATELY 17 FEET 8 INCHES BY 12 FEET 10 INCHES AND SHALL
HAVE SEPARATE ACCESS FROM THE EXTERIOR OF THE BUILDING.
THE OFFICE SHALL BE
PROVIDED WITH LIGHTING, HEAT AND AIR CONDITIONING AT NO COST TO THE HBPA.
THE
HBPA SHALL BE RESPONSIBLE FOR PROVIDING ITS OWN OFFICE FURNITURE AND EQUIPMENT
AND FOR THE INTERIOR CLEANING OF THE OFFICE.
IT IS UNDERSTOOD AND AGREED THAT
THE HBPA SHALL BE PERMITTED, AT HBPA'S COST, TO PARTITION THE INTERIOR OF THE
OFFICE TO CREATE A SEPARATE OFFICE.
22.
HBPA ADMINISTRATIVE FUND.
IN ACCORDANCE WITH CHAPTER 19, ARTICLE 23,
SECTION 9(B)(1) OF THE WEST VIRGINIA CODE, CHARLES TOWN RACES AGREES TO PAY TO
HBPA DURING THE TERM OF THIS AGREEMENT AN AMOUNT EQUAL TO TWO PERCENT (2%) OF
REGULAR PURSES (EXCLUDINGS TAKES RACES, ACCREDITED RACES AND OTHER SPONSORED
RACES) ACTUALLY PAID DURING THE PRECEDING MONTH FROM THE SPECIAL FUND, I.E.,
"PURSE ACCOUNT" REQUIRED BY THIS SECTION FOR THE HBPA'S MEDICAL TRUSTS FOR
BACKSTRETCH PERSONNEL AND ADMINISTRATIVE FEES.
THE SUMS DUE HBPA SHALL BE PAID
BY THE END OF EACH MONTH.
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23.
INDEMNIFICATION.
THE HBPA SHALL INDEMNIFY AND SAVE HARMLESS CHARLES TOWN
RACES, ITS AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS AND
SHAREHOLDERS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND ALL PERSONS
ACTING BY, THROUGH, UNDER OR IN CONCERT WITH ANY OF THEM, FROM AND AGAINST ANY
AND ALL DEMANDS, LIABILITIES, LOSS, COST, DAMAGES OR EXPENSES OF WHATEVER NATURE
OR KIND, INCLUDING ATTORNEY'S FEES AND ALL OTHER EXPENSES, COSTS OR LOSS ARISING
OUT OF OR IN ANY WAY RELATED TO OR OCCASIONED BY CHARLES TOWN RACES' PERFORMANCE
UNDER PARAGRAPH 22 OF THIS AGREEMENT RELATING TO CONTRIBUTIONS TO THE HBPA.
24.
NO MONOPOLY ON GOODS AND SERVICES.
CHARLES TOWN RACES SHALL NOT ESTABLISH
OR IMPOSE UPON HORSEMEN A MONOPOLY, RESTRICTION OR REQUIREMENT REGARDING THE USE
OF BLACKSMITHS, FEED MEN, TRACK SUPPLIERS, VETERINARIANS OR OTHER SERVICES
CUSTOMARILY USED BY HORSEMEN.
CHARLES TOWN RACES WILL PERMIT ANY SUPPLIER OF
COMMODITIES OR SERVICES TO ENTER THE STABLE AREA; PROVIDED, HOWEVER, THAT SUCH
SUPPLIER OF SERVICES OR COMMODITIES HAS RECEIVED A CLEARANCE FROM MANAGEMENT AND
THE WEST VIRGINIA RACING COMMISSION, WHICH WILL AUTHORIZE ADMISSION TO THE
STABLE AREA. CHARLES TOWN RACES AGREES NOT TO UNREASONABLY WITHHOLD SAID
CLEARANCE.
ANY OWNER OR TRAINER STABLED ON GROUNDS WILL BE PERMITTED AT ANY
TIME TO HAUL IN HAY OR GRAIN FOR HIS OWN USE ONLY.
25.
SECURITY.
CHARLES TOWN RACES AGREES TO PROVIDE AND MAINTAIN REASONABLE
SECURITY AT ITS MAIN GATE AND SUCH OTHER GATES PROVIDING INGRESS AND EGRESS TO
ITS STABLE AREAS.
26.
STARTING GATE.
A.
CHARLES TOWN RACES AGREES TO PROVIDE A
MINIMUM OFTEN (10) ASSISTANT STARTERS FOR THE SAFETY OF JOCKEYS AND HORSES FOR
EACH AND EVERY RACE AND ON EACH AND EVERY RACE DAY.
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B.
CHARLES TOWN RACES AGREES TO DOUBLE LOAD
HORSES INTO THE STARTING GATE FOR EACH AND EVERY RACE.
27.
DAILY MEETING FIGURES.
THE PARI-MUTUEL HANDLE AND PURSE DISTRIBUTION
FIGURES AS WELL