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EXECUTION COPY <br />into, without unnecessary delay, an agreement with the Band Parties to provide <br />any and all services to the Site requested by the Band Parties that the Department <br />of Public Works usually and customarily provides to other residential and <br />commercial customers,. which -shall include without limitation the extension of <br />water service and sewer service, and may, as needed, include residential refuse,. <br />collection and recycling service. To the extent needed to secure services, the City <br />shall also use reasonable efforts, subject to the limitations of applicable.law, to <br />cause any other appropriate department or agency of the City to enter into, without <br />unnecessary delay, one or more agreements with the Band Parties to provide any <br />other services reasonably requested by the Band or PGA that the City usually and <br />customarily provides to other residential and commercial customers. Subject to <br />applicable. law, the City shall provide allsuch service's to the Site upon terms and <br />'conditions and at costs that are consistent with the City's usual and customary <br />practices regarding its other commercial and residential customers. <br />Notwithstanding the foregoing, the parties understand and agree that the ILT <br />Payments required under Section 14 fulfill all obligations the Band Parties might <br />have to pay an equitable share of the operational costs and the costs for services <br />that the City would recover through taxation or other form of assessment if the <br />Site were subject to taxation by the state and its political subdivisions. Any <br />agreements entered into under this Section 10 shall be included as separate. <br />exhibits and incorporated into this Agreement. <br />H. No Other Gaming, The City agrees to not solicit, encourage, induce, endorse or <br />support the establishment, operation, or conduct of riverboat gambling and inland <br />casino gambling under IC 4-33, et seq, and any other types of gaming in the City, <br />'except for the Indiana state lottery authorized under IC 4-30 et seq., charity <br />gaming activities authorized under IC 4-32.2 et seq., and type 11 gaming <br />authorized under IC 4-36 et seq., all to the extent permitted under Indiana law as <br />of the date of this Agreement written above. Upon the written request of the Band <br />Parties, the City agrees to actively oppose any proposed expansion of the <br />foregoing gaming activities in the City beyond the gaming activities that are <br />already permitted in the City under Indiana law as of the date of this Agreement <br />written above. Nothing in this Section I I shall be construed as requiring the City <br />to oppose, avoid or otherwise act or fail to act in a manner that hinders or prevents <br />the conduct of gaming activity in the City, provided such gaming activity is being <br />lawfully conducted in the City on the date of this Agreement written above under <br />applicable state and federal laws. <br />12. Upfront Costs of Development. The Band Patties will pay for all upfront costs to <br />develop the Site, including related professional fees, whether associated with the <br />initial and/or future development of the Site. Such development costs shall <br />include, but not be limited to: (i) all costs of road improvements and traffic and <br />safety control devices reasonably related to ensuring safe and efficient means of <br />Page 6 of 22 <br />