0000921895-09-002549 Sample Contracts

RESTATED MANAGEMENT SERVICES AGREEMENT
Management Services Agreement • October 5th, 2009 • Empire Resorts Inc • Retail-eating & drinking places

THIS RESTATED MANAGEMENT SERVICES AGREEMENT (the “Restated Agreement”) is made as of September 30, 2009, by and between MONTICELLO RACEWAY MANAGEMENT, INC., a New York corporation having its principal office and place of business located at 204 State Route 17B, Monticello, New York 12701 (“MRMI”); and SPORTSYSTEMS GAMING MANAGEMENT AT MONTICELLO, LLC, a New York limited liability company having its principal office and place of business located at 40 Fountain Plaza, Buffalo, New York 14202 (the “Advisor”).

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FIRST AMENDMENT AND CLARIFICATION TO THE INVESTMENT AGREEMENT
Investment Agreement • October 5th, 2009 • Empire Resorts Inc • Retail-eating & drinking places

This FIRST AMENDMENT AND CLARIFICATION to the INVESTMENT AGREEMENT (this “Amendment”) is entered into as of September 30, 2009, between Empire Resorts, Inc., a Delaware corporation (the “Company”), and Kien Huat Realty III Limited, an Isle of Man corporation (the “Investor”).

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