Development Team. (a) Lakes and the Tribe desire to identify and agree upon pre-development and development expenditures on an ongoing basis during the term of this Agreement. The parties also desire to develop ongoing plans and implementation processes to ensure that the pre-development and development of the Project are moving forward with all due speed. To facilitate these processes, annual Pre-Development Plans will be drafted and agreed to by the parties, along with associated Pre-Development Budgets. These plans and budgets shall be largely developed through the Development Team. (b) On or before the Effective Date, the Tribe and Lakes shall establish a committee to help guide development of the Project (“Development Team”). The Development Team shall be a committee consisting of six (6) representatives, three (3) of whom are appointed by the Tribe and three (3) of whom are appointed by Lakes. The Tribe shall appoint the chairperson of the Development Team (“Chairperson”) from those six representatives. Either the Tribe or Lakes may change its representatives to the Development Team at any time. The parties may invite individuals who do not sit on the Development Team to attend Development Team meetings, provided such individuals shall provide such assurances in writing regarding non-disclosure of confidential information as the Tribe or Lakes may reasonably request. (c) The Chairperson shall set meeting schedules for the Development Team, provided that the initial meeting of the Development Team shall take place within thirty (30) days of the Effective Date. Meetings may be in person or by telephone conference, but all members of the Development Team shall be given a reasonable opportunity to attend or otherwise participate in such meetings. In addition to the regularly scheduled meetings, any one (1) representative of the Development Team shall have authority to call a special meeting of the Development Team on seventy-two (72) hours advance written notice to the other representatives that comprise the Development Team on such date. In order to be effective, any action of the Development Team must be (i) the result of agreement by a majority of members of the Development Team, (ii) at a meeting at which a quorum was present, provided further that four (4) members of the Development Team, including at least two representatives appointed by the Tribe and two representatives appointed by Lakes, constitute a quorum for the transaction of business at any meeting of the Development Team, and (iii) the result of a vote taken at a duly scheduled or called meeting of the Development Team or the written or electronic consent of a majority of the members of the Development Team, in lieu of a vote (which written or electronic consent may be evidenced by facsimile or e-mail exchange between and among such members).
Appears in 2 contracts
Sources: Pre Development, Development & Financing Arrangement Agreement, Pre Development, Development & Financing Arrangement Agreement (Lakes Entertainment Inc)