Common use of Payments to the Revenue Sharing Trust Fund or the Tribal Nation Grant Fund Clause in Contracts

Payments to the Revenue Sharing Trust Fund or the Tribal Nation Grant Fund. (a) If the Tribe operates up to one thousand, two hundred (1,200) Gaming Devices, the Tribe shall have no obligation to pay any amount to the State Gaming Agency for deposit into the Revenue Sharing Trust Fund or the Tribal Nation Grant Fund. (b) If the Tribe operates one thousand, two hundred and one (1,201) Gaming Devices or more at any time in a given calendar year, it shall thereafter, including that calendar year, pay to the State Gaming Agency, for deposit into the Revenue Sharing Trust Fund or the Tribal Nation Grant Fund, six percent (6.0 %) of its Net Win from the operation of Gaming Devices in excess of three hundred fifty (350), subject to the credits provided in subdivision 5.3. (c) The Tribe shall remit the payments referenced in subdivision (b), as appropriate, to the State Gaming Agency in quarterly payments, which payments shall be due thirty (30) days following the end of each calendar quarter (i.e., by April 30 for the first quarter, July 30 for the second quarter, October 30 for the third quarter, and January 30 for the fourth quarter). (d) The quarterly payments required in subdivision (b), as appropriate, shall be determined by first determining the total number of all Gaming Devices operated by the Tribe during a given quarter (Quarterly Device Base). The Quarterly Device Base is equal to the sum total of the maximum number of Gaming Devices in operation for each day of the calendar quarter, divided by the number of days in the calendar quarter that the Gaming Operation operates any Gaming Devices during the given calendar quarter. (e) If any portion of the payments under subdivision (b), as appropriate, is overdue after the State Gaming Agency has provided written notice to the Tribe of the overdue amount with an opportunity to cure of at least fifteen (15) business days, and if more than sixty (60) calendar days have passed from the due date, then the Tribe shall cease operating all of its Gaming Devices until full payment is made. (f) All payments made by the Tribe to the State Gaming Agency pursuant to subdivision (b) shall be deposited into the Revenue Sharing Trust Fund and the Tribal Nation Grant Fund in a proportion to be determined by the Legislature, provided that if there are insufficient monies in the Revenue Sharing Trust Fund to pay one million one hundred thousand dollars ($1,100,000) per year to each eligible Non- Gaming Tribe and Limited-Gaming Tribe, the State Gaming Agency shall deposit all payments into the Revenue Sharing Trust Fund.

Payments to the Revenue Sharing Trust Fund or the Tribal Nation Grant Fund. (a) If the Tribe operates up to one thousand, two three hundred fifty (1,200) Gaming Devices, the Tribe shall have no obligation to pay any amount to the State Gaming Agency for deposit into the Revenue Sharing Trust Fund or the Tribal Nation Grant Fund. (b) If the Tribe operates one thousand, two hundred and one (1,201350) Gaming Devices or more at any time in a given calendar year, it shall thereafter, including that calendar year, pay to the State Gaming Agency, for deposit into the Revenue Sharing Trust Fund or the Tribal Nation Grant Fund, six four percent (6.0 4.0 %) of its Net Win Gross Gaming Revenue from the operation of Gaming Devices in excess of three hundred fifty (350), subject to the credits provided in subdivision 5.3. (cb) The Tribe shall remit the payments referenced in subdivision (ba), as appropriate, to the State Gaming Agency in quarterly payments, which payments shall be due thirty (30) days following the end of each calendar quarter (i.e., by April 30 for the first quarter, July 30 for the second quarter, October 30 for the third quarter, and January 30 for the fourth quarter). (dc) The quarterly payments required in by subdivision (b), as appropriate, a) shall be determined by first determining the total number of all Gaming Devices operated by the Tribe during a given quarter (Quarterly Device Base). The Quarterly Device Base is equal to the sum total of the maximum number of Gaming Devices in operation for each day of the calendar quarter, divided by the number of days in the calendar quarter that the Gaming Operation operates any Gaming Devices during the given calendar quarter. (ed) If any portion of the payments under subdivision (b), as appropriate, a) is overdue after the State Gaming Agency has provided written notice to the Tribe of the overdue amount with an opportunity to cure of at least fifteen (15) business days, and if more than sixty (60) calendar days have passed from the due date, then the Tribe shall cease operating all of its Gaming Devices until full payment is made. (fe) All payments made by the Tribe to the State Gaming Agency pursuant to subdivision (ba) shall be deposited into the Revenue Sharing Trust Fund and the Tribal Nation Grant Fund in a proportion to be determined by the Legislature, provided that if there are insufficient monies in the Revenue Sharing Trust Fund to pay one million one hundred thousand dollars ($1,100,000) per year to each eligible Non- Gaming Tribe and Limited-Gaming Tribe, the State Gaming Agency shall deposit all payments into the Revenue Sharing Trust Fund.