OVER
SEVEN (7) YEARS.
ANY BALANCE REMAINING SHALL BE DUE AND PAYABLE ON OR BEFORE
MAY 31, 2001 (SEVEN (7) YEARS FROM COMMENCEMENT OF OPERATION).
OUT OF SUCH LOAN
PROCEEDS, MANAGER SHALL PROVIDE ALL FUNDS NECESSARY FOR SUCH ARCHITECTURAL AND
ENGINEERING SERVICES AND CONSTRUCTION.
3.
CONSTRUCTION COMMENCEMENT AND COMPLETION.
THE CONTRACT WITH THE
GENERAL CONTRACTOR SHALL CONTAIN SUCH PROVISIONS FOR THE PROTECTION OF THE TRIBE
AS IT SHALL DEEM APPROPRIATE, AND SHALL PROVIDE THAT CONSTRUCTION OF THE
FACILITY SHALL COMMENCE WITHIN NINETY (90) DAYS FOLLOWING THE LATER OF THE
PROJECT APPROVAL AND THE GRANTING OF ALL APPROVALS NECESSARY TO COMMENCE
CONSTRUCTION, AND SHALL ALSO PROVIDE THAT THE GENERAL CONTRACTOR SHALL EXERT ITS
BEST EFFORTS TO COMPLETE CONSTRUCTION WITHIN TEN (10) MONTHS AFTER COMMENCEMENT
OF CONSTRUCTION.
THE GENERAL CONTRACTOR SHALL WARRANT THE CONSTRUCTION TO BE
FREE OF DEFECTS AND UNWORKMANLIKE LABOR FOR A REASONABLE PERIOD TO BE AGREED
UPON BY MANAGER, TRIBAL REPRESENTATIVE AND GENERAL CONTRACTOR.
THE MANAGER IS
AUTHORIZED TO SIGN THE CONTRACT WITH THE GENERAL CONTRACTOR AND ALL NECESSARY
SUBCONTRACTORS, AND TO MAKE PROVISION FOR PERIODIC PAYMENTS DURING CONSTRUCTION.
C.
FIRE AND SAFETY.
THE FACILITY ON THE PROPERTY SHALL BE
CONSTRUCTED AND MAINTAINED IN COMPLIANCE WITH ALL FIRE AND SAFETY STATUTES,
ORDINANCES AND REGULATIONS WHICH WOULD BE APPLICABLE IF THE FACILITY WAS LOCATED
OUTSIDE OF THE EXTERIOR BOUNDARIES OF THE TERRITORY OF THE TRIBE, ALTHOUGH THOSE
REQUIREMENTS WOULD NOT OTHERWISE APPLY ON THAT TERRITORY; PROVIDED, THAT NOTHING
IN THIS SUBSECTION SHALL GRANT ANY JURISDICTION TO THE STATE OF OKLAHOMA OR ANY
POLITICAL SUBDIVISION THEREOF OVER THE PROPERTY.
LAW ENFORCEMENT SHALL BE
PROVIDED BY TRIBE.
10
FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES SHALL BE PROVIDED BY TRIBE,
EITHER DIRECTLY OR PURSUANT TO AN INTERGOVERNMENTAL AGREEMENT SECURED BY THE
TRIBE.
THE REASONABLE COST OF SUCH SERVICES SHALL BE BORNE BY THE GAMING
OPERATION.
D.
EQUIPMENT, FURNITURE AND FURNISHINGS ACQUISITION AND COST.
MANAGER SHALL PROVIDE NECESSARY BINGO AND OTHER GAMING EQUIPMENT, FURNITURE AND
FURNISHINGS, WITH THE APPROVAL OF THE TRIBE, AND MANAGER AGREES TO LOAN TO THE
TRIBE THE FUNDS THEREFOR ON THE TERMS SET FORTH HEREIN FOR THE PURCHASE OF SUCH
EQUIPMENT FOR THE PROJECT, PROVIDED THAT THE MANAGER MAY EXPRESSLY AGREE THAT
SOME OR ALL OF SUCH EQUIPMENT MAY BE LEASED OR FINANCED WITH FINANCING SECURED
BY MANAGER FOR THE TRIBE.
IN SUCH EVENT, THE COSTS OF SUCH LEASE(S) (WHETHER A
FINANCING OR CAPITAL LEASE) OR SUCH FINANCING SHALL BE AN OPERATING EXPENSE OF
THE GAMING OPERATION.
E.
WORKING CAPITAL.
UPON COMPLETION OF CONSTRUCTION, MANAGER AGREES
TO PROVIDE TO THE TRIBE A SUM NOT TO EXCEED ONE HUNDRED THOUSAND AND NO/100
DOLLARS ($100,000.00) FOR THE EVENTUAL USE AS WORKING CAPITAL IN THE OPERATION
OF THE GAMING OPERATION (THE "WORKING CAPITAL"); PROVIDED HOWEVER, WHEN SUCH SUM
IS NOT NEEDED, IN THE JUDGMENT OF THE TRIBAL REPRESENTATIVE, IT SHALL BE
RETURNED TO MANAGER AND CREDITED TO THE PRINCIPAL DUE UNDER THE NOTE.
ANY
AMOUNTS PROVIDED BY MANAGER TO THE TRIBE FOR WORKING CAPITAL UNDER THIS SECTION
SHALL BE PAYABLE AND SHALL