Common use of Involuntary Termination Due to Changes in Law or Tribal Clause in Contracts

Involuntary Termination Due to Changes in Law or Tribal. State Compact. The parties hereby agree to use their best efforts to conduct Class II and/or Class III Gaming activities in accordance with this Management Agreement and to ensure that such activities and this Management Agreement conform to and comply with all applicable laws and a Tribal-State Compact. Pawnee agrees that, except as may be required by federal law, neither Pawnee, Pawnee TDC nor Pawnee Nation will enact or pass any new ordinances subsequent to the execution of this Management Agreement that would materially impair the rights of Lakes under this Management Agreement. Pawnee covenants and affirmatively states that neither Pawnee, Pawnee TDC nor Pawnee Nation has or will impose any tax, fee or assessment on Lakes, the Project or its Project Facilities, this Management Agreement, the Operating Note and any related security documents and instruments described herein other than the fees and assessments described in "Costs of Gaming Operation." In the event of any change in state or federal laws that results in a final determination by the Secretary, the National Indian Gaming Commission, or a court of competent jurisdiction that this Management Agreement is unlawful, Pawnee and Lakes shall use their respective good faith best efforts to amend this Management Agreement in a mutually satisfactory manner which will comply with the change in applicable laws and not materially change the rights, duties and obligations of the parties hereunder. In the event such amendment can not be legally effected following exhaustion of all such good faith best efforts (including the lapse of all legal proceedings and appeal periods without favorable results) performance of this Management Agreement shall be automatically suspended effective upon the date that performance of this Management Agreement becomes unlawful by such final determination, and either party shall have the right to terminate such suspended Management Agreement (except the Notes and Security Provisions, as defined in Section 6.4 (b)) upon written notice to the other party.

Appears in 2 contracts

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

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Involuntary Termination Due to Changes in Law or Tribal. State Compact. The parties hereby agree to use their best efforts to conduct Class II and/or Class III Gaming activities in accordance with this Management Agreement and to ensure that such activities and this Management Agreement conform to and comply with all applicable laws and a Tribal-State Compact. Pawnee agrees Iowa Corp and the Iowa Tribe agree that, except as may be required by federal law, neither Pawnee, Pawnee TDC Iowa Corp nor Pawnee Nation the Iowa Tribe will enact or pass any new ordinances subsequent to the execution of this Management Agreement that would materially impair the rights of Lakes under this Management Agreement. Pawnee covenants The Iowa Tribe and Iowa Corp covenant and affirmatively states state that neither Pawnee, Pawnee TDC Iowa Corp nor Pawnee Nation the Iowa Tribe has or will impose any tax, fee or assessment on Lakes, the Project or its Project Facilities, this Management Agreement, the Operating Note and any related security documents and instruments described herein other than the fees and assessments described in "Costs of Gaming Operation." In the event of any change in state or federal laws that results in a final determination by the Secretary, the National Indian Gaming Commission, or a court of competent jurisdiction that this Management Agreement is unlawful, Pawnee Iowa Corp, the Iowa Tribe and Lakes shall use their respective good faith best efforts to amend this Management Agreement in a mutually satisfactory manner which will comply with the change in applicable laws and not materially change the rights, duties and obligations of the parties hereunder. In the event such amendment can not be legally effected following exhaustion of all such good faith best efforts (including the lapse of all legal proceedings and appeal periods without favorable results) performance of this Management Agreement shall be automatically suspended effective upon the date that performance of this Management Agreement becomes unlawful by such final determination, and either party shall have the right to terminate such suspended Management Agreement (except the Notes and Security Provisions, as defined in Section 6.4 (b)) upon written notice to the other party.

Appears in 2 contracts

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

Involuntary Termination Due to Changes in Law or Tribal. State Compact. The parties hereby agree to use their best efforts to conduct Class II and/or Gaming and Class III Gaming activities in Shingle Springs Development/Management Contract 10/13/03 revision accordance with this Management Amended Memorandum Agreement and to ensure that such activities and this Management Amended Memorandum Agreement conform to and comply with all applicable laws and a the Tribal-State Compact. Pawnee The Tribe agrees that, except as may be required by federal law, neither Pawnee, Pawnee TDC nor Pawnee Nation the Tribe will not enact or pass any new ordinances subsequent to the execution of this Management Amended Memorandum Agreement that would materially impair the rights of Lakes LKAR under this Management Amended Memorandum Agreement. Pawnee covenants and affirmatively states The Tribe will not enact any tax ordinance that neither Pawneewill put the Facility or the Enterprise, Pawnee TDC nor Pawnee Nation has or will impose any taxportion thereof, fee at a competitive disadvantage with businesses in the same or assessment on Lakes, the Project or its Project Facilities, this Management Agreement, the Operating Note and any related security documents and instruments described herein other than the fees and assessments described in "Costs of Gaming Operation." like industries. In the event of any change in state or federal laws that results in a final determination by the Secretary, the National Indian Gaming Commission, or a court of competent jurisdiction that this Management Amended Memorandum Agreement is unlawful, Pawnee the Tribe and Lakes LKAR shall use their respective good faith best efforts to amend this Management Amended Memorandum Agreement in a mutually satisfactory manner which will comply with the change in applicable laws and not materially change the rights, duties and obligations of the parties hereunder. In the event such amendment can is not be legally effected following exhaustion of all such good faith best efforts (including the lapse of all legal proceedings and appeal periods without favorable results) practical, performance of this Management Amended Memorandum Agreement shall be automatically suspended effective upon the date that performance of this Management Amended Memorandum Agreement becomes unlawful by such final determinationunlawful, and either party shall have the right to terminate such suspended Management Amended Memorandum Agreement (except the Notes and Security Provisions, as defined in Section 6.4 7.4 (ba)), upon thirty (30) upon days written notice to the other party.

Appears in 1 contract

Samples: Memorandum of Agreement (Lakes Entertainment Inc)

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Involuntary Termination Due to Changes in Law or Tribal. State Compact. The parties hereby agree to use their best efforts to conduct Class II and/or Class III Gaming activities in accordance with this Management Agreement and to ensure that such activities and this Management Agreement conform to and comply with all applicable laws and a Tribal-State Compact. Pawnee Kickapoo agrees that, except as may be required by federal law, neither Pawnee, Pawnee TDC Kickapoo nor Pawnee Nation the Kickapoo Tribe will enact or pass any new ordinances subsequent to the execution of this Management Agreement that would materially impair the rights of Lakes under this Management Agreement. Pawnee Kickapoo covenants and affirmatively states that neither Pawnee, Pawnee TDC nor Pawnee Nation Kickapoo or the Kickapoo Tribe has or will impose any tax, fee or assessment on Lakes, the Project or its Project Facilities, this Management Agreement, the Operating Note and any related security documents and instruments described herein other than the fees and assessments described in "Costs of Gaming Operation." In the event of any change in state or federal laws that results in a final determination by the Secretary, the National Indian Gaming Commission, or a court of competent jurisdiction that this Management Agreement is unlawful, Pawnee Kickapoo and Lakes shall use their respective good faith best efforts to amend this Management Agreement in a mutually satisfactory manner which will comply with the change in applicable laws and not materially change the rights, duties and obligations of the parties hereunder. In the event such amendment can not be legally effected following exhaustion of all such good faith best efforts (including the lapse of all legal proceedings and appeal periods without favorable results) performance of this Management Agreement shall be automatically suspended effective upon the date that performance of this Management Agreement becomes unlawful by such final determination, and either party shall have the right to terminate such suspended Management Agreement (except the Notes and Security Provisions, as defined in Section 6.4 (b)) upon written notice to the other party.

Appears in 1 contract

Samples: Management Agreement (Lakes Entertainment Inc)

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