An agreement with the Pokagon Band of Potawatomi Indians

Home Browse Search

EXECUTION COPY (b). Definitions (1'), As used in this Section 14, "Net Win" means the total amount wagered on each Class II Game, minus the total amount of prizes paid to players for Winning wagers at such Class II Games. For purposes of calculating Net Win, the total amount wagered shall not include the value of "Promotional Wagers" The term `Promotional Wagers" shall include wagers made using non-- cashable vouchers, coupons, electronic credits or electronic promotions provided by the Band or the PGA. The total amount ol'prizes paid to players for Winning wagers at Class II Games shall include all prizes, consisting of electronic credits to the Game, cash, check, or merchandise from all wagers, including Promotional Wagers, The formula prescribed here for calculating Net Win applies only to the calculation of the payments due under this Agreement and is not intended to preclude the Band from otherwise following accepted GAAP and AICPA Guidelines in its general accounting practices (2). As used in this Section 14, "Class II Games means server based electronic bingo system games that are within the IGRA definition of "class II gaming" (25 U.S.C. § 2703(7)(a) and 25 C.F.R. § 502.3) and "Class III Games" means "slot machines" and "electronic or electromechanical facsimiles of any game of chance" as those terms are defined at 25 C.F.R. § 502.4(b). For avoidance of doubt, Class III Games shall include slot machines and electronic or electromechanical facsimiles of any game of chance located inside the Resort that are electronically linked through one or more progressive jackpot systems, to other electronic gaming devices or systems located anywhere inside or outside the Resort for the purpose of generating larger jackpots. The terms Class II Games and Class III Games do not include any gaming activity that is conducted through the world wide web or any other internet connection wherein both the player and the gaming or network hardware are not present within the Resort. (c). If requested by the City, the Band Parties shall permit a certified public accounting firm ( "CPA Firm ") reasonably selected by the City to verify for the ILT Payment period in question the Net Win at the Resort, provided that if an Indiana Compact includes provisions for verifying the Net Win, then such procedures shall be the exclusive method for verifying Net Win and this subsection (c) shall not apply. The Band Parties shall fully cooperate with all generally - accepted accounting procedures employed by the CPA Firm and shall be responsible for paying one half (112) of the CPA Firm's fees and costs associated with this Subsection 14(c). Page 8 of 22