IN EACH
CASE, THEY MUST FIRST BE LICENSED UNDER APPLICABLE NATION PROCEDURES AND THAT
THE CONTRACTING AND PROCUREMENT PROCESSES ARE SUBJECT TO NATION LAW).
10
(B)
CITY.
THE CITY OF BUFFALO DECLARES ITS INTENTION TO:
(I) BE A
GOOD NEIGHBOR TO THE CORPORATION AND THE SENECA NATION, (II) MAKE SUCH
ADDITIONAL INFRASTRUCTURE IMPROVEMENTS IN THE AREA OF THE SENECA BUFFALO CREEK
TERRITORY AS MAY BE DETERMINED AT A FUTURE DATE TO SUPPORT THE CORPORATION'S
DEVELOPMENT PROJECT ON THE SENECA BUFFALO CREEK TERRITORY AS WELL AS INNER
HARBOR AREA PROJECTS, (III) TO THE EXTENT PERMITTED BY APPLICABLE LAW, COOPERATE
WITH AND ASSIST THE CORPORATION AND THE NATION IN THEIR ACTIVITIES ON THE SENECA
BUFFALO CREEK TERRITORY, AND (IV) IF THE CITY OF BUFFALO IS SUCCESSFUL IN
OBTAINING A PORTION OR ALL OF THE STATE CONTRIBUTION ALLOCATE A PORTION OF SUCH
STATE CONTRIBUTION TO GAMBLING ADDICTION AND CULTURAL PROGRAMS..
(C)
NATION AND CORPORATION.
THE CORPORATION AND NATION CONFIRM THAT
CONSISTENT WITH THE COMPACT, EXCEPT FOR THE SENECA BUFFALO CREEK TERRITORY, NO
LAND IN THE CITY OF BUFFALO WILL BE ACQUIRED UTILIZING THE PROVISIONS OF THE
SENECA NATION LAND CLAIMS SETTLEMENT ACT TO IMPLEMENT COMPACT REQUIREMENTS,
INCLUDING REQUIREMENTS OF ANY SUCCESSOR COMPACT, TO BUILD AND CONSTRUCT THEIR
CLASS III GAMING OPERATION IN THE CITY OF BUFFALO.
10.
PARTY DISPUTE RESOLUTION.
(A)
PURPOSE.
THE PARTIES INTEND TO RESOLVE DISPUTES IN A MANNER THAT
WILL FOSTER A SPIRIT OF COOPERATION AND EFFICIENCY IN THE ADMINISTRATION OF AND
COMPLIANCE BY EACH PARTY WITH THE PROVISIONS OF THIS AGREEMENT.
(B)
NEGOTIATION:
IN THE EVENT OF ANY DISPUTE, CLAIM, QUESTION, OR
DISAGREEMENT ARISING FROM OR RELATING TO THIS AGREEMENT OR THE BREACH HEREOF,
THE INVOLVED PARTIES SHALL USE THEIR BEST EFFORTS TO SETTLE THE DISPUTE, CLAIM,
QUESTION, OR DISAGREEMENT.
TO THIS END, ANY PARTY MAY PROVIDE WRITTEN NOTICE OF
A CLAIM TO THE OTHER IN ACCORDANCE WITH SECTION 10(A) HEREOF.
UPON RECEIPT OF
SUCH WRITTEN NOTICE, THE INVOLVED PARTIES SHALL THEN MEET WITHIN FOURTEEN (14)
DAYS, SHALL NEGOTIATE IN GOOD FAITH AND SHALL ATTEMPT TO REACH A JUST AND
EQUITABLE SOLUTION SATISFACTORY TO ALL INVOLVED PARTIES.
(C)
METHOD OF DISPUTE RESOLUTION.
IF THE INVOLVED PARTIES DO NOT
REACH SUCH RESOLUTION WITHIN A PERIOD OF THIRTY (30) DAYS AFTER SUCH MEETING, OR
IF THE INVOLVED PARTIES FAIL TO MEET AND THIRTY (30) DAYS PASS AFTER THE WRITTEN
NOTICE OF A CLAIM IS RECEIVED, THEN, UPON NOTICE BY EITHER INVOLVED PARTY TO THE
OTHER, EITHER INVOLVED PARTY MAY SUBMIT THE DISPUTE, CLAIM, QUESTION, OR
DISAGREEMENT TO BINDING ARBITRATION.
(D)
ARBITRATION NOTICE.
THE NOTICE FOR ARBITRATION SHALL SPECIFY WITH
PARTICULARITY THE NATURE OF THE DISPUTE, THE PARTICULAR PROVISION OF THE
AGREEMENT AT ISSUE AND THE PROPOSED RELIEF SOUGHT BY THE PARTY DEMANDING
ARBITRATION; PROVIDED, HOWEVER, THAT NO INVOLVED PARTY MAY SEEK MONETARY
DAMAGES, OTHER THAN SPECIFIC PERFORMANCE, FOR ANY ALLEGED DISPUTE, CLAIM,
QUESTION OR DISAGREEMENT.
(E)
SELECTION OF ARBITRATORS.
EACH INVOLVED PARTY SHALL SELECT ONE
ARBITRATOR AND THE TWO ARBITRATORS SHALL SELECT THE THIRD; PROVIDED, HOWEVER,
THAT IF A DISPUTE