Compliance with Construction Standards, Environmental Laws and Regulations. The Facility shall be designed and constructed so as to adequately protect the environment and the public health and safety. The design, construction and maintenance of the Facility shall, except to the extent a particular requirement or requirements may be waived in writing by the Pokagon Council, meet or exceed all reasonable minimum standards pertaining to the Band and national, State and local building codes, fire codes and safety and traffic requirements (but excluding planning, zoning and Gaming Site use laws, ordinances, regulations and requirements), which would be imposed on the Enterprise by existing State or Federal statutes or regulations which would be applicable if the Facility were located outside of the jurisdictional boundaries of the Band, even though those requirements may not apply within the Band's jurisdictional boundaries. To the extent that the Band has adopted or may in the future adopt more stringent requirements, those requirements shall govern. Nothing in this subsection shall grant to the State or any political subdivision thereof any jurisdiction (including but not limited to, jurisdiction regarding zoning or Gaming Site use) over the Facility or Enterprise or its development, management and operation.
Compliance with Construction Standards, Environmental Laws and Regulations. The Project shall be designed and constructed so as to protect the environment and the public heath and safety, as agreed upon by Developer and the Authority. The design, construction and maintenance of the Project shall, except to the extent waived in writing by the Authority, meet or exceed all established standards pertaining to the Tribe or all building codes, fire codes and safety and traffic requirements (but excluding planning, zoning and land use laws, ordinances, regulations and requirements) which would be imposed on the Project by existing local, state or federal laws or regulations which would be applicable if the Project were located outside of the jurisdictional boundaries of the Tribe, even though those requirements may not apply within the Tribe's jurisdictional boundaries. Nothing in this Development Agreement shall grant to the State of Connecticut or any political subdivision thereof any jurisdiction (including but not limited to jurisdiction regarding zoning or land use) over the Property or the design, construction, equipping and opening of the Project.
Compliance with Construction Standards, Environmental Laws and Regulations. COPR and STWC shall ensure that the Plans and Specifications of the Design Team meet or exceed local or Commonwealth construction standards, environmental laws and regulations related to same.
Compliance with Construction Standards, Environmental Laws and Regulations. The Facility shall be designed and constructed so as to comply with the NEPA (and to the extent applicable, the CEQA) and shall adequately protect the environment and the public health and safety. The design, construction and maintenance of the Facility shall, except to the extent a particular requirement or requirements may be waived in writing by the Tribal Council, meet or exceed the Uniform Building Code as well as all fire codes and safety and traffic requirements (but excluding planning, zoning and property use laws, ordinances, regulations and requirements), which would be imposed on the Facility by existing (to the extent applicable) California or Federal statutes or regulations. Nothing in this Subsection shall grant to the State or any political subdivision thereof any jurisdiction (including but not limited to, jurisdiction regarding zoning or property use) over the Facility or its development, management and operation. Exhibit 10.11
Compliance with Construction Standards, Environmental Laws and Regulations. The Facility shall be designed and constructed so as to comply with the NEPA (and to the extent applicable, the CEQA) and shall adequately protect the environment and the public health and safety. The design, construction and maintenance of the Facility shall, except to the extent a particular requirement or requirements may be waived in writing by the Authority, meet or exceed all reasonable minimum standards pertaining to the Tribe and national building codes, fire codes and safety and traffic requirements (but excluding planning, zoning and property use laws, ordinances, regulations and requirements), which would be imposed on the Enterprise by existing (to the extent applicable) California or Federal statutes or regulations. To the extent that the Tribe or the Authority may adopt more stringent requirements, those requirements shall govern. Nothing in this subsection shall grant to the State or any political subdivision thereof any jurisdiction (including but not limited to, jurisdiction regarding zoning or property use) over the Enterprise or its development, management and operation.
Compliance with Construction Standards, Environmental Laws and Regulations. The Gaming Facility shall be designed and constructed so as to adequately protect the environment and the public health and safety. The design, construction and maintenance of the Gaming Facility shall, except to the extent a particular requirement or requirements has been waived in writing by the Authority, meet all minimum standards under New York State building codes, fire codes and safety and traffic requirements (but excluding planning, zoning and land use laws, ordinances, regulations and requirements) that would be imposed on the Gaming Facility by existing New York or federal statutes or regulations that would be applicable if the Gaming Facility were located outside of the jurisdictional boundaries of the Tribe, even though those requirements may not apply within the Tribe's jurisdictional boundaries. In addition, those mitigation steps specified in any phase I environmental assessments conducted of the Property on or prior to the date hereof or required under the National Environmental Policy Act ("NEPA") and/or the State Environmental Quality Review Act ("SEQRA") shall be taken. The Authority and the Tribe shall have the right to rely upon the Architect's statement and the Architect Agreement shall expressly include a provision stating that the Authority and the Tribe are intended third party beneficiaries of the Architect's statements or the statements of the Architect's consultants. The Authority and the Tribe may use such statements, information, reports, data, or information provided to the Authority and the Tribe under this Agreement, and shall be entitled to rely upon the accuracy and completeness thereof. If required to do so by applicable law, the Authority and the Tribe shall certify to appropriate governmental agencies as to the information provided to the Authority and the Tribe in the statement from the Architect (and/or its consultants and/or any other consultants retained in connection with the development of the Gaming Facility) regarding compliance with NEPA and SEQRA and all other applicable environmental laws and regulations ("ENVIRONMENTAL COMPLIANCE"), but only to the extent the Authority and the Tribe have received reasonable assurances of the truth and veracity of such statements from the Architect or from consultants to the Architect (or other consultants retained in connection with the development of the Gaming Facility) who are credentialed engineers with demonstrated knowledge or expertise in Environmental Compliance. N...
Compliance with Construction Standards, Environmental Laws and Regulations. (a) The Parties shall cooperate to ensure that the Facilities are designed and constructed so as to adequately protect the environment and the public health and safety, including, without limitation, complying with applicable law. The design, construction and maintenance of the Facilities shall, except to the extent a particular requirement or requirements have been waived in writing by the Tribe, meet all minimum standards under the Compact and the Tribe’s ordinances, codes and regulations in existence on the date hereof and attached hereto as Exhibit D, any requirements imposed under the Intergovernmental Agreement and, to the extent not inconsistent with the same, all applicable Washington state or county building codes, fire codes and safety and traffic requirements that are applicable generally (but excluding planning, zoning and land use laws, ordinances, regulations and requirements) that would be imposed on the Facilities or Project by existing Washington or federal statutes or regulations that would be applicable if the Facilities were located outside of the jurisdictional boundaries of the Tribe, even though those requirements may not apply within the Tribe’s jurisdictional boundaries; provided, however, that in no event shall building standards for the Facilities be less than the Uniform Building Codes. In addition, any mitigation steps specified in any environmental assessments or reviews conducted with respect to the Property on behalf of the Tribe or required under the National Environmental Policy Act (“NEPA”) shall be taken. The Tribe shall be responsible for and shall, if required by law, certify to appropriate governmental agencies its compliance with NEPA and all other applicable environmental laws and regulations. Nothing in this subsection shall grant to the State of Washington or any political subdivision thereof any jurisdiction (including, but not limited to, jurisdiction regarding zoning or land use) over the Property or the Development and management of the Project.
(b) As of the Effective Date, the Tribe hereby represents and warrants that there are no Tribal Ordinances including, without limitation, any ordinances or other rules or regulations of any Tribal Gaming Commission that would require the Developer to obtain any license, qualification or other Tribal governmental approval to act as Developer hereunder, or to perform all of Developer’s obligations hereunder (other than as set forth in Exhibit D).
Compliance with Construction Standards, Environmental Laws and Regulations. 2600 and STWC shall ensure that the Plans and Specifications of the Design Team meet or exceed local or State construction standards, environmental laws and regulations related to same.
Compliance with Construction Standards, Environmental Laws and Regulations. The Project shall be designed and constructed so as to adequately protect the environment and the public health and safety. The design, construction and maintenance of the Project shall, except to the extent a particular requirement or requirements may be waived in writing by the Authority, meet or exceed all reasonable minimum standards pertaining to Tribal, state or local building codes, fire codes and safety and traffic requirements (but excluding planning, zoning and land use laws, ordinances, regulations and requirements unless applicable) which would be imposed on the Project by applicable New York or Federal statutes or regulations or local ordinances or codes which would be applicable if the Project were located outside of the jurisdictional boundaries of the Tribe, even though those requirements may not apply within the Tribe's jurisdictional boundaries. In addition, those mitigation steps specified in the environmental assessment and the National Environmental Policy Act ("NEPA") documents shall be taken. To the extent that the Tribe may adopt more stringent requirements, those requirements shall govern. The Architect's contract shall provide that the Architect shall certify to the Authority compliance with the NEPA and all other applicable environmental and cultural resource laws and regulations. The Authority shall be responsible for and shall certify to appropriate governmental agencies compliance with the NEPA and all other applicable environmental and cultural resource laws and regulations. Nothing in this Section 4.9 shall grant to the State of New York or any political subdivision thereof any jurisdiction (including but not limited to jurisdiction regarding zoning or land use) over the Property or the development and management of the Project.
Compliance with Construction Standards, Environmental Laws and Regulations. TBD and STWC shall ensure that the Plans and Specifications of the Design Team meet or exceed local or State construction standards, environmental laws and regulations related to same.
