Common use of Compliance with Construction Standards, Environmental Laws and Regulations Clause in Contracts

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 and to comply with all requirements of IGRA and the NIGC. 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 land 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.

Appears in 2 contracts

Samples: Development Agreement (Lakes Entertainment Inc), Development Agreement (Lakes Entertainment Inc)

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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 and to comply with all requirements of IGRA and the NIGCsafety. 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 land 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.

Appears in 2 contracts

Samples: Development Agreement (Lakes Gaming Inc), Development Agreement (Lakes Gaming Inc)

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 and to comply with all requirements of IGRA and the NIGCsafety. The design, construction and maintenance of the Gaming Facility shall, except to the extent a particular requirement or requirements may be waived in writing by the Pokagon Tribal Council, meet or exceed all reasonable minimum standards pertaining to the Band SHINGLE SPRINGS and national, State and local building codes, fire codes and safety and traffic requirements (but excluding planning, zoning and land property use laws, ordinances, regulations and requirements), which would be imposed on the Enterprise by existing State or Federal statutes or regulations or codes which would be applicable if the Gaming Facility were located outside of the jurisdictional boundaries of the BandSHINGLE SPRINGS, even though those requirements may not apply within the BandSHINGLE SPRINGS's jurisdictional boundaries. To the extent that the Band has adopted or SHINGLE SPRINGS 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 property use) over the Facility or Enterprise or its development, management and operation.

Appears in 1 contract

Samples: Development Agreement (Lakes Gaming Inc)

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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 and to comply with all requirements of IGRA and the NIGCsafety. The design, construction and maintenance of the Gaming Facility shall, except to the extent a particular requirement or requirements may be waived in writing by the Pokagon CouncilBoard, with the approval of the Tribal Council if required, meet or exceed all reasonable minimum standards pertaining to the Band TRIBE and national, State and local building codes, fire codes and safety and traffic requirements (but excluding planning, zoning and land property use laws, ordinances, regulations and requirements), which would be imposed on the Enterprise by existing State or Federal statutes or regulations or codes which would be applicable if the Gaming Facility were located outside of the jurisdictional boundaries of the BandTRIBE, even though those requirements may not apply within the Band's TRIBE’s jurisdictional boundaries. To the extent that the Band has adopted or TRIBE 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 property use) over the Facility or Enterprise or its development, management and operation.

Appears in 1 contract

Samples: Development Agreement (Full House Resorts Inc)

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