Common use of No Management Contract or Grant of Proprietary Interest Clause in Contracts

No Management Contract or Grant of Proprietary Interest. The parties agree that it is their intent that neither this Agreement nor any of the Tribal Notes or and related security documents and instruments described herein (individually or collectively) constitute a "Management Contract" within the meaning of IGRA. Upon the Effective Date, the parties shall submit this Agreement to the NIGC for review and determination that it is not a Management Contract and therefore does not require the approval of the NIGC in order to be valid, regardless of whether it constitutes a "collateral agreement" as that term is defined in IGRA. Each party shall use its best efforts to pursue such determination and timely execute, deliver, and if necessary, record any and all additional instruments, certifications, and other documents as may be required by the NIGC in order to issue such determination; provided that such required instrument or other document shall not materially change the respective rights, remedies or obligations of the parties under this Agreement. If the NIGC finds that this Agreement does constitute a Management Contract within the meaning of IGRA, then the parties shall immediately take all necessary steps to amend or modify the Agreement in a way that preserves the economic benefits of the transactions to both parties without constituting a Management Contract.

Appears in 3 contracts

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

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No Management Contract or Grant of Proprietary Interest. The parties agree that it is their intent that neither this Agreement nor any of the Tribal Iowa Corp Notes or and related security documents and instruments described herein (individually or collectively) constitute a "Management Contract" within the meaning of IGRA. Upon the Effective Date, the parties shall submit this Agreement to the NIGC for review and determination that it is not a Management Contract and therefore does not require the approval of the NIGC in order to be valid, regardless of whether it constitutes a "collateral agreement" as that term is defined in IGRA. Each party shall use its best efforts to pursue such determination and timely execute, deliver, and if necessary, record any and all additional instruments, certifications, and other documents as may be required by the NIGC in order to issue such determination; provided that such required instrument or other document shall not materially change the respective rights, remedies or obligations of the parties under this Agreement. If the NIGC finds that this Agreement does constitute a Management Contract within the meaning of IGRA, then the parties shall immediately take all necessary steps to amend or modify the Agreement in a way that preserves the economic benefits of the transactions to both parties without constituting a Management Contract.

Appears in 2 contracts

Samples: Gaming Development Consulting Agreement (Lakes Entertainment Inc), Gaming Operations Consulting Agreement (Lakes Entertainment Inc)

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No Management Contract or Grant of Proprietary Interest. The parties agree Each party agrees that it is their intent that neither this Agreement nor any of the Tribal KTTT Notes or and related security documents and instruments described herein (individually or collectively) constitute a "Management Contract" within the meaning of IGRA. Upon the Effective Date, the parties shall submit this Agreement to the NIGC for review and determination that it is not a Management Contract and therefore does not require the approval of the NIGC in order to be valid, regardless of whether it constitutes a "collateral agreement" as that term is defined in IGRA. Each party shall use its best efforts to pursue such determination and timely execute, deliver, and if necessary, record any and all additional instruments, certifications, and other documents as may be required by the NIGC in order to issue such determination; provided that such required instrument or other document shall not materially change the respective rights, remedies or obligations of the parties under this Agreement. If the NIGC finds that this Agreement does constitute a Management Contract within the meaning of IGRA, then the parties shall immediately take all necessary steps to amend or modify the Agreement in a way that preserves the economic benefits of the transactions to both parties without constituting a Management Contract.

Appears in 1 contract

Samples: Gaming Operations Consulting Agreement (Lakes Entertainment Inc)

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