ACCRUE INTEREST AT THE RATE SET FORTH IN THE NOTE,
SUBJECT TO THE LIMITATIONS CONTAINED IN THE NOTE.
F.
DAMAGE OR IMPOSSIBILITY OF THE GAMING OPERATION.
IF, DURING THE
TERM OF THIS AGREEMENT, THE FACILITY IS DAMAGED OR DESTROYED BY FIRE, WAR, OR
OTHER CASUALTY, OR BY AN ACT OF GOD, AND SUCH DAMAGE WAS NOT THE RESULT OF AN
INTENTIONAL ACT OF THE MANAGER (ANY SUCH OCCURRENCE BEING REFERRED TO HEREIN AS
A "CASUALTY"), OR IF GAMING ON THE PROPERTY IS PROHIBITED AS A RESULT OF A
DECISION OF A COURT OF COMPETENT JURISDICTION, OR BY OPERATION OF ANY APPLICABLE
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LEGISLATION (ANY SUCH PROHIBITION BEING REFERRED TO HEREIN AS A "LEGAL
PROHIBITION"), MANAGER SHALL HAVE THE FOLLOWING OPTIONS:
1.
MAINTENANCE OF THE FACILITY.
IN THE EVENT OF A LEGAL
PROHIBITION, MANAGER SHALL HAVE THE OPTION TO CONTINUE ITS INTEREST IN THIS
AGREEMENT AND TO COMMENCE OR RECOMMENCE THE OPERATION OF GAMING AT THE FACILITY
AT ANY TIME PRIOR TO THE DATE EIGHTEEN (18) MONTHS AFTER THE EFFECTIVE DATE OF
THE LEGAL PROHIBITION IF AT SOME POINT DURING SUCH EIGHTEEN (18) MONTH PERIOD
SUCH COMMENCEMENT OR RECOMMENCEMENT SHALL BE LEGALLY AND COMMERCIALLY FEASIBLE
IN THE SOLE JUDGMENT OF MANAGER.
2.
REPAIR OR REPLACEMENT OPTION.
IN THE EVENT OF A CASUALTY,
MANAGER MAY, IN ITS SOLE DISCRETION, WITHIN ONE HUNDRED EIGHTY (180) DAYS AFTER
THE DATE OF THE CASUALTY, UNDERTAKE TO RECONSTRUCT THE FACILITY TO A CONDITION
WHERE GAMING CAN ONCE AGAIN BE CONDUCTED AT THE FACILITY.
IF MANAGER UNDERTAKES
TO RECONSTRUCT THE FACILITY AND IF THE INSURANCE PROCEEDS ARE INSUFFICIENT TO
RECONSTRUCT THE FACILITY TO A CONDITION WHERE GAMING CAN ONCE AGAIN BE CONDUCTED
AT THE FACILITY, MANAGER SHALL SUPPLY SUCH FUNDS NECESSARY TO RECONSTRUCT THE
FACILITY TO SUCH CONDITION AND SHALL HAVE THE SOLE RIGHT TO ADJUST AND SETTLE
ANY AND ALL CLAIMS FOR SUCH INSURANCE PROCEEDS.
SHOULD MANAGER USE ANY FUNDS OF
MANAGER BEYOND THOSE PROVIDED BY INSURANCE PROCEEDS, SUCH FUNDS SHALL BE
CONSIDERED A LOAN TO THE TRIBE AND, CONSEQUENTLY, SHALL BECOME PART OF THE
REPAYMENT OBLIGATION OF THE TRIBE TO MANAGER; PROVIDED, HOWEVER, THAT TRIBE MUST
CONSENT IN WRITING TO ANY ADDITIONAL JOAN AND IN NO EVENT SHALL THE TOTAL AMOUNT
LOANED TO THE BUSINESS CORPORATION EXCEED 55.8 MILLION WITHOUT THE WRITTEN
CONSENT OF THE TRIBE.
IF THE INSURANCE PROCEEDS ARE NOT USED TO REPAIR THE
FACILITY, THE BUSINESS COMMITTEE, ON BEHALF OF THE TRIBE, SHALL HAVE THE SOLE
RIGHT TO ADJUST AND SETTLE ANY AND ALL CLAIMS FOR SUCH
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INSURANCE PROCEEDS, AND SUCH PROCEEDS SHALL BE APPLIED (I) TO THE AMOUNTS DUE
UNDER THE NOTE (INCLUDING PRINCIPAL AND INTEREST); (II) TO PAY ANY UNDISTRIBUTED
NET REVENUES PURSUANT TO THIS AGREEMENT; AND (III) ANY SURPLUS SHALL BE
DISTRIBUTED TO THE TRIBE.
IN EITHER EVENT, MANAGER MAY ELECT TO TERMINATE THIS
AGREEMENT
3.
RECOMMENCEMENT OF GAMING.
AFTER THE MANAGEMENT AGREEMENT HAS
COMMENCED, IF AFTER A PERIOD OF CESSATION OF GAMING ON THE PROPERTY THE
RECOMMENCEMENT OF GAMING IS POSSIBLE, AND IF MANAGER OR