Common use of Creation and Operation of Business Board Clause in Contracts

Creation and Operation of Business Board. MBPI and MPM shall exercise any and all joint decision making power through the Business Board. The Business Board shall consist of five (5) persons: MBPI’s three representatives and MPM’s two representatives. The MPBI representatives on the Business Board (or alternates) (the “MBPI Representatives”) shall be designated in writing to MPM by the Tribal Chairman. MPM’s representatives on the Business Board (the “MPM Representatives”) shall be designated in writing to MBPI. The Business Board shall have the obligations, rights and powers described in this Agreement. The decisions of the Business Board shall be by majority vote of all of the members of Business Board. Two MBPI Representatives and two MPM Representatives shall constitute a quorum for the transaction of any business at any meeting of the Business Board. The Business Board shall remain active during the entire Term. All actions and directions of the Business Board shall be, and shall be deemed to be, actions and directions of MBPI. The Business Board shall remain active during the entire Term. The parties agree that, to facilitate oversight of the activities conducted pursuant to this Agreement and to maintain communication generally between the individuals who will be involved in supervising those activities, the Business Board will meet at least once per month and on agreement of all members, may convene by teleconference. Any disputes concerning decisions of the Business Board shall be determined in the manner provided in Section 16. Any indebtedness incurred by the Business Board after the opening of the Facility will be expensed. Where MPM’s conduct under this Agreement is subject to Business Board oversight or approval, the Business Board shall act reasonably and any consent, where required to be given, shall not be unreasonably withheld or delayed. Any compensation and/or expenses incurred by the MBPI Representatives shall be borne by MBPI and shall not constitute an Operating Expense or other expense of the Enterprise. The MPM Representatives shall not receive any compensation and any such expenses incurred by the MPM Representatives shall be borne by MPM and shall not constitute an Operating Expense or other expense of the Enterprise.

Creation and Operation of Business Board. MBPI and MPM shall In order to provide a mechanism to ensure the efficient exercise any and all joint decision making power through of control over the Business Board. The Business Board shall consist of five (5) persons: MBPI’s three representatives and MPM’s two representatives. The MPBI representatives on Enterprise by the Business Board (or alternates) Tribe, the Authority agrees to create a business board (the “MBPI RepresentativesBusiness Board”) shall be designated in writing to MPM comprised of the following members: (i) between three (3) and seven (7) voting members appointed by the Tribal Chairman. MPM’s representatives on the Business Board Authority from time to time (the “MPM Tribal Representatives”), and (ii) shall non-voting members appointed by Manager from time to time who shall, in any event, always be designated fewer in writing number than the number of voting members appointed by the Authority from time to MBPItime (the “Manager Representatives”). The Business Board shall have Upon the obligationsrequest of the Tribal Council, rights and powers described in this Agreement. The decisions members of the Tribal Council who are not members of the Business Board shall be by majority may attend, but may not vote of all of the members of Business Board. Two MBPI Representatives and two MPM Representatives shall constitute a quorum for the transaction of any business at any meeting at, meetings of the Business Board. The By execution of this Agreement, and subject to the terms of the Authority Statute, each of the Tribe and the Authority acknowledge and agree that, without requiring any further action or resolution by it or any of its Affiliates, (i) the Business Board Board, upon its creation, shall remain active during have the entire Term. All power of the Tribe and the Authority with respect to all matters relating to this Agreement, the Transaction Documents, the Facility and the Enterprise, and (ii) actions and directions of the Business Board shall be, and shall be deemed to be, actions and directions of MBPIthe Tribe and the Authority and shall bind the Tribe and the Authority; provided, however, that the Business Board shall not have authority to waive the sovereign immunity of the Tribe or the Enterprise except pursuant to authority delegated by the Tribe to the Business Board in accordance with the Constitution of the Tribe and other applicable Tribal law. The Business Board shall remain active during meet as necessary to ensure timely decision-making. Any travel or similar expenses incurred by the entire Term. The parties agree that, to facilitate oversight Tribal Representative members of the activities conducted pursuant to this Agreement and to maintain communication generally between the individuals who will be involved in supervising those activities, the Business Board will meet at least once per month and on agreement of all members, may convene by teleconference. Any disputes concerning decisions acting in their capacities as members of the Business Board shall be determined in the manner provided in Section 16. Any indebtedness incurred by the Business Board after the opening deemed to constitute a Cost of the Facility will be expensed. Where MPM’s conduct under this Agreement is subject to Business Board oversight or approval, the Business Board shall act reasonably and any consent, where required to be given, shall not be unreasonably withheld or delayedNon-Gaming Operations. Any compensation and/or expenses incurred by to be paid to the MBPI Tribal Representatives of the Business Board, acting in their capacities as members of the Business Board, shall be borne by MBPI the Tribe and shall not constitute an Operating Expense Costs of Non-Gaming Operations or other expense expenses of the Enterprise. The MPM Representatives shall not receive any Any expenses or compensation and any such expenses incurred by to be paid to the MPM Representatives Manager Representatives, acting in their capacities as members of the Business Board, shall be borne by MPM Manager and shall not constitute an Operating Expense Costs of Non-Gaming Operations or other expense expenses of the Enterprise.

Creation and Operation of Business Board. MBPI and MPM shall In order to provide a mechanism to ensure the efficient exercise any and all joint decision making power through of control over the Business Board. The Business Board shall consist of five (5) persons: MBPI’s three representatives and MPM’s two representatives. The MPBI representatives on Enterprise by the Business Board (or alternates) Tribe, the Authority agrees to create a business board (the “MBPI RepresentativesBusiness Board”) shall be designated in writing to MPM comprised of the following members: (i) between three (3) and seven (7) voting members appointed by the Tribal Chairman. MPM’s representatives on the Business Board Authority from time to time (the “MPM Tribal Representatives”), and (ii) shall non-voting members appointed by Manager from time to time who shall, in any event, always be designated fewer in writing number than the number of voting members appointed by the Authority from time to MBPItime (the “Manager Representatives”). The Business Board shall have Upon the obligationsrequest of the Tribal Council, rights and powers described in this Agreement. The decisions members of the Tribal Council who are not members of the Business Board shall be by majority may attend, but may not vote of all of the members of Business Board. Two MBPI Representatives and two MPM Representatives shall constitute a quorum for the transaction of any business at any meeting at, meetings of the Business Board. The By execution of this Agreement, and subject to the terms of the Authority Statute, each of the Tribe and the Authority acknowledge and agree that, without requiring any further action or resolution by it or any of its Affiliates, (i) the Business Board Board, upon its creation, shall remain active during have the entire Term. All power of the Tribe and the Authority with respect to all matters relating to this Agreement, the Transaction Documents, the Facility and the Enterprise, and (ii) actions and directions of the Business Board shall be, and shall be deemed to be, actions and directions of MBPIthe Tribe and the Authority and shall bind the Tribe and the Authority; provided, however, that the Business Board shall not have authority to waive the sovereign immunity of the Tribe or the Enterprise except pursuant to authority delegated by the Tribe to the Business Board in accordance with the Constitution of the Tribe and other applicable Tribal law. The Business Board shall remain active during meet as necessary to ensure timely decision-making. Any travel or similar expenses incurred by the entire Term. The parties agree that, to facilitate oversight Tribal Representative members of the activities conducted pursuant to this Agreement and to maintain communication generally between the individuals who will be involved in supervising those activities, the Business Board will meet at least once per month and on agreement of all members, may convene by teleconference. Any disputes concerning decisions acting in their capacities as members of the Business Board shall be determined in the manner provided in Section 16. Any indebtedness incurred by the Business Board after the opening deemed to constitute a Cost of the Facility will be expensed. Where MPM’s conduct under this Agreement is subject to Business Board oversight or approval, the Business Board shall act reasonably and any consent, where required to be given, shall not be unreasonably withheld or delayedGaming Operations. Any compensation and/or expenses incurred by to be paid to the MBPI Tribal Representatives of the Business Board, acting in their capacities as members of the Business Board, shall be borne by MBPI the Tribe and shall not constitute an Operating Expense Costs of Gaming Operations or other expense expenses of the Enterprise. The MPM Representatives shall not receive any Any expenses or compensation and any such expenses incurred by to be paid to the MPM Representatives Manager Representatives, acting in their capacities as members of the Business Board, shall be borne by MPM Manager and shall not constitute an Operating Expense Costs of Gaming Operations or other expense expenses of the Enterprise.