Sec. 2. As consideration for the meaningful concessions from the State described in section 1 of this chapter and provided that the State is not in breach of its obligations regarding Expanded Gaming in the Exclusivity Area, the Band shall make annual payments to the State of eight percent (8%) of the Net Win at its South Bend Site Class III Gaming Facility. In the event that the State breaches its obligations regarding Expanded Gaming in the Exclusivity Area, the Band's obligation to make the annual payment to the State described in this section shall immediately cease as of the date of the breach. As added by P.L.171-2021, SEC.1.
IC 4-29.5-17-3 Class II gaming payments Sec. 3. In the event that the Band continues to conduct Class II gaming at its South Bend Site Gaming Facility after the Effective Date of this Compact, beginning with the second full Payment Period the total amount of the Band's payment of Net Win to the State due under section 2 of this chapter shall be in an amount that is not less than: (1) the total Net Win from all Class III Electronic Games of Chance; (2) divided by the total number of such Class III Electronic Games of Chance; (3) multiplied by eighty-five percent (85%) of the total number of all electronic Class II gaming devices and all Class III Electronic Games of Chance in operation on the last day of the Payment Period; and (4) multiplied by the applicable percentage of Net Win due under section 2 of this chapter. As added by P.L.171-2021, SEC.1.