AND/OR SIRED RACES
OR HORSES WHO HAVE RACED A NUMBER OF TIMES AT THE MEET
A.
AT THE REQUEST OF PHHA, THE DOWNS SHALL
OFFER ON EACH WEEKLY CONDITION SHEET PENNSYLVANIA-OWNED AND/OR SIRED RACES OR
RACES FOR HORSES THAT HAVE STARTED A CERTAIN NUMBER OF TIMES AT THE MEET PER
LIVE RACE WEEK DURING THE TERM OF THIS AGREEMENT.
THE NUMBER OF THOSE RACES
SHALL BE FOURTEEN (14) PER WEEK.
"PENNSYLVANIA-OWNED RACES" WHEN USED ABOVE
MEANS RACES RESTRICTED TO HORSES WHICH ARE (A) WHOLLY OWNED AND DECLARED BY
PENNSYLVANIA RESIDENT(S) OR (B) WHOLLY OWNED BY PENNSYLVANIA RESIDENT(S) AND
DECLARED BY A PENNSYLVANIA RESIDENT LESSEE OF THE HORSE.
"PENNSYLVANIA-SIRED
RACES":
PENNSYLVANIA HARNESS RACING COMMISSION REGULATIONS/DEFINITIONS SHALL
GOVERN.
"Pennsylvania Residence" shall be established by presentation, on request of The
Downs and/or PHHA representative, (a) a valid Pennsylvania Vehicle Registration
and a valid Pennsylvania Driver's License or (b) Pennsylvania State Income Tax
Return showing permanent domicile in Pennsylvania for the previous two (2)
years.
9.
PHHA INSURANCE PROGRAM
A.
PHHA HEREBY AGREES TO PROVIDE, AT ITS
EXPENSE, ON TRACK INSURANCE TO COVER TRAINERS AND DRIVERS PARTICIPATING IN
TRAINING AND RACING ACTIVITIES AT THE DOWNS.
THE COVERAGE WILL BE $200,000
ACCIDENT MEDICAL, $25,000 ACCIDENTAL DEATH AND DISMEMBERMENT, AND $250 WEEKLY
DISABILITY WITH A MAXIMUM OF 104 WEEKS.
10.
CONTROLLING LAW AND REGULATIONS:
ARBITRATION
A.
THE INTERPRETATION OF THE PROVISION OF THIS
AGREEMENT SHALL BE GOVERNED BY THE LAWS OF PENNSYLVANIA.
B.
THE PERFORMANCE AND OPERATION OF THIS
AGREEMENT DURING THE ENTIRE TERM HEREOF, SHALL BE SUBJECT IN ALL RESPECTS TO THE
PROVISIONS OF THE PENNSYLVANIA RACE HORSE INDUSTRY REFORM ACT, ALL THE
COMMONWEALTH'S RULES AND REGULATIONS, AND SUBJECT TO THE APPROVAL OF THE
PENNSYLVANIA STATE HARNESS RACING COMMISSION.
5
C.
THIS IS THE ENTIRE AGREEMENT BETWEEN THE
PARTIES.
ANY MODIFICATION OR AMENDMENT TO THIS AGREEMENT MUST BE IN WRITING AND
SIGNED BY THE PARTIES OR THEIR DULY AUTHORIZED REPRESENTATIVES.
D.
ANY AND ALL DISPUTES BETWEEN THE PARTIES
HERETO ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY BREACH THEREOF SHALL
BE RESOLVED BY ARBITRATION TO BE HELD IN WILKES-BARRE, PENNSYLVANIA, IN
ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN
EFFECT.
ANY AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT
HAVING JURISDICTION THEREOF.
THE COSTS OF SUCH ARBITRATION SHALL BE BORNE
EQUALLY BY THE PARTIES HEREOF.
11.
ASSIGNMENT, TRANSFER, ADOPTION OF AGREEMENT
Any assignment of all the rights and obligations of The Downs or transfer or
adoption of this Agreement shall require PHHA's consent and upon such
assignment, transfer or adoption, such assignee of transferee shall be
substituted as a party to this Agreement.
12.
NINE HORSE FIELDS
Nine horse or larger fields may be permitted in any overnight, early or late
closer or stake race only with the permission of the PHHA.
There will be no
nine horse fields for maidens or non-winners of two (2) pari-mutuel races life,
unless approved by the PHHA.
All two year olds will be limited to eight in a
field