An agreement with the Pokagon Band of Potawatomi Indians

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EXECUTION COPY in St. Joseph County, which the Fund's Board of Managers shall pool with funds it receives from other hotels in the local assessment area pursuant to Indiana Code § 6 -9 -1 et seq. (the "Innkeeper's Tax "). The Tribal Hotel Taxes collected by the PGA for this purpose shall be equal to the amount that would have been payable to local goverriment by PGA:, as owner of a hotel, pursuant to the Innkeeper's Tax. In computing the amount of Tribal Hotel Tax owed under this Section 6, PGA, shall exclude amounts based on the use and occupancy of any hotel room or rooms it furnishes to its guests on a complimentary basis. No amount shall be payable under this Section 6 unless and until PGA owns and operates a hotel located on the Site. PGA's agreement to make payments as provided in this Section 6 shall be ;enforceable under this Agreement, but the Band expressly does not subject itself to, or waive its sovereign immunity as to, the Innkeeper's Tax or any other Indiana statute. PGA's obligations under this Section 6 are subject to the condition that PGA enjoys all the same rights under the hinkeepers Tax as all other parties that are subject to and pay the Innkeepers Tax, including without limitation the eligibility of persons affiliated with PGA to be appointed and serve on the Fund's Board; of Managers.. 7, Tort Claims Act. The Band, in the exercise of its sovereign powers, has enacted and shall sustain as enacted Band law a "Tort Claims Act" to provide tort remedies to guests: and business invitees of the Band Parties for injuries and illness sustained within the territorial jurisdiction of the Band. PGA shall take reasonable steps to inform invitees of the applicability of the Tort Claims Act and other Band law by posting in a prominent location within Resort facilities a Notice to patrons at least two (2) feet by three (3) feet in dimension with the following language: NOTICE THIS FACILITY IS REGULATED BY ONE OR MORE OF TIE FOLLOWING: THE NATIONAL INDIAN GAMING COMMISSION, BUREAU OF INDIAN AFFAIRS OF THE U.S. DEPARTMENT OF THE INTERIOR, AND THE GOVERNMENT OF THE POKAGON BAND OF POTAWATOMI INDIANS. THIS FACILITY IS NOT REGULATED BY THE STATE OF INDIANA. 8. Tribal Court. The Band, in the exercise of its sovereign powers, has established under its Constitution and shall maintain during the Term an independent judicial forum for the enforcement of rights under the Tort Claims Act. Support of the City. The City agrees, upon request from the Band and at all times subject to the City's determination that the relevant support activity would not be contrary to state or local law, to support in good faith the Band's efforts to: Page 4 of22