An agreement with the Pokagon Band of Potawatomi Indians

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