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. .. ............ <br />EXECUTION COPY <br />(3). Provided that the Resort was the only casino conducting gaming that is <br />substantially equivalent to "Class II Gaming % as that term is defined in <br />subsection 2703(7) of IGRA, or Class III Gaming within a twenty - five <br />(25) mile radius of the Resort, excluding any other casino that may be <br />operated by or on behalf of the Band or PGA, PGA guarantees that each <br />Amimil ILT Payment made to the City pursuant to this subsection (d) will <br />not be less than; <br />(A) ONE MILLION. DOLLARS '($1,000,000.00) if throughout the <br />Annual ILT Payment period., excluding events or circumstances <br />within PGA's control, .PGA had the physical infrastructure and <br />legal right to conduct gaming at the Resort at a minimum capacity <br />of not less than 850 Class II Games and not more than 1,699 Class, <br />II Games; or <br />(B) TWO .MILLION DOLLARS ($2,000,000:00) if throughout the <br />Annual ILT Payment period, excluding events or circumstances <br />within PGA's control, PGA had the physical infrastructure and <br />legal right to conduct gaming at the Resort at a minimum capacity <br />of not less than 1,700 Class II Games. <br />(e). Revenue Sharingftom Classlll Gaming, This Section exclusively addresses <br />revenue sharing by PGA with the City from a Resort that can lawfully conduct <br />Class III Gaming under an Indiana Compact; <br />(1). If the Band,, or any person or entity on its behalf, operates Class III <br />Gaming pursuant to an Indiana Compact and IGRA and the Indiana <br />Compact contains provisions for the use of net revenues from Class III <br />Gaming to help fund operations of City agencies (regardless of the <br />amount of such payments or method of control or distribution), then the <br />provisions .in the Indiana Compact that govern payments of such net <br />revenue to the City shall: (i) be applicable and control and shall supersede <br />the ILT Payment requirements for Class II Games in subsection (d) of this <br />Section 14; and (ii) except as expressed in Section 14(e)(2) of this <br />Agreement, PGA's obligations regarding payments of such net revenue to <br />the City shall be solely limited to those provided in the Indiana Compact. <br />(2). If the Band, or any person or, entity on its behalf, operates Class III <br />Gaming pursuant to an Indiana Compact and IGRA and the Indiana <br />Compact contains no provisions for the use of net revenues fiom Class III <br />Gaming to help fund operations of City agencies, or if such payments are <br />less than two percent (2 %) of the Net Win from Class III Games, then in <br />such case PGA shall, upon the City's request and subject to any <br />Page 10 of 22 <br />