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Bill 16-32 Resolution to approve agreement with Pokagon Band of Potawatomi Indiana
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Bill 16-32 Resolution to approve agreement with Pokagon Band of Potawatomi Indiana
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4/26/2017 10:09:21 AM
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3/23/2016 2:53:38 PM
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City Council - City Clerk
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16-32
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EXECUTION COPY <br />recourse, to any judgment entered; provided, however, that liability of the <br />Band Parties under any judgment shall always be payable solely from <br />undistributed or future Revenues of PGA as described in this subsection, and <br />in no instance shall any enforcement of any kind whatsoever be allowed <br />against any assets of the Band. For purposes of this Section, "Revenues" shall <br />mean: (a) the gross gaming revenue (win) of PGA from Class II Gaming or <br />Class III Gaming, plus the gross revenues of PGA from all other sources in <br />support of Class II Gaming or Class III Gaming, including but not limited to <br />food and beverage, entertainment and retail, and any hotel; less (b) all <br />amounts paid out as, or paid for, prizes, all operating expenses, amortization <br />and depreciation, in each case determined in accordance with generally <br />accepted accounting principles. <br />(g). Limitations Period to :Commence Dispute Resolution. No claim included <br />within the definition of Dispute or the definition of Judicial Action under this <br />Agreement maybe commenced by any party more than four (4) years from <br />the date the aggrieved party has knowledge, or reasonably should have <br />knowledge, of the facts or circumstances giving rise to the Dispute, provided <br />that the applicable statute(s) of limitation under Governing Law shall be tolled <br />and any requirement under such statute(s) regarding a notice of claim with <br />respect to the Dispute shall be suspended for the duration of any, Negotiation, <br />Mediation, and Arbitration. <br />18. Miscellaneous. <br />(a). Governing Law. This Agreement shall be deemed entered into in Indiana and <br />shall be subject to the laws of the State of Indiana and. any applicable federal <br />laws ( "Governing Law "). <br />(b). Notice. Any notice required to be given pursuant to this Agreement shall be <br />delivered to the appropriate party by Certified Mail Return Receipt Requested, <br />or by overnight mail or courier service, to the following addresses: <br />If to the Band: <br />Pokagon Band of Potawatomi Indians <br />58620 Sink Road <br />Dowagiac, MI 49047 <br />Attn: Chairman, Tribal Council <br />with a copy to: <br />Pokagon Band of Potawatomi Indians <br />Page 18 of 22 <br />
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