Terms and Conditions

TERMS AND CONDITIONS COMPLIANCE WITH LAWS You agree to comply with all applicable tribal, federal, state and local laws including but not limited to health and safety codes as well as applicable liquor licensing requirements. You agree to cooperate with LCCR and any relevant government authority to ensure compliance with such laws. LCCR may cancel this Agreement without any liability if in our sole, reasonable determination, we believe that it is necessary to do so in order to comply with our obligations under applicable laws, rules or regulations. FORCE MAJEURE The performance of this agreement by LCCR shall not be required in the event of acts of God, war, disaster, work strikes, civil disorders, curtailment of transportation, unusual weather events, power outages, or other events making it illegal, impossible, or impracticable for LCCR to perform its obligations under this Agreement. THIRD PARTY BENEFICIARIES The provisions of this Agreement are for the sole benefit of the Parties and shall not be construed as conferring any rights to any third party (including any third party beneficiary rights). WAIVER LCCR's failure to exercise or any delay in its exercise of any right or remedy provided under this Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. INTELLECTUAL PROPERTY You may not use the name or logo of LCCR or the Salish Cliffs Golf Club without the express advance written permission of LCCR. You represent and warrant your actions related to this Agreement shall not infringe the patent, copyright or trademark rights or violate the right of privacy or publicity of any third party. INDEMNITY You agree to indemnify and hold harmless LCCR, its owners, subsidiaries, and affiliates, and the officers, agents and employees of each, from and against all claims, damages, losses, and expenses related to or arising from your use of LCCR facilities and that of your guests, agents, attendees, employees, exhibitors, or other invitees. Such facilities include, but are not limited to, the Casino, Hotel, Event Center and the Salish Cliffs Golf Club. Such expenses include, but are not limited to, reasonable attorneys' fees if it is necessary for LCCR to commence or defend an action arising out of or associated in any way with this Agreement. Such claims include, but are not limited to, claims for bodily injury, illness or death, property damage (including loss of use, or other damage) which are caused in whole or in part by your negligent act or omission, or that of your exhibitors, guests, agents, attendees, employees, exhibitors, or other invitees, or anyone employed by them or for whose acts you may be liable. VENUE, FORUM, CHOICE OF LAW AND SOVEREIGN IMMUNITY Sole and exclusive jurisdiction over any dispute arising out of this Agreement shall be in the Squaxin Island Court, and you consent to the jurisdiction thereof. This Agreement shall be governed by the laws of the Squaxin Island Tribe. Notwithstanding this or any other provision in this Agreement, no waiver of the sovereign immunity of the Squaxin Island Tribe or LCCR is granted under this Agreement and nothing herein shall be construed or deemed to do so. LIMITATION ON DAMAGES LCCR shall not be liable for special, indirect, incidental, punitive or consequential damages of any kind (including without limitation damages for loss of business profits, business interruption, loss of goodwill, or any other pecuniary loss) arising out of this agreement, even if LCCR had prior knowledge of the possibility of same. In no event, shall LCCR's aggregate liability under this Agreement, whether for breach of warranty, breach of contract, or in tort, including negligence, exceed the amount of the deposit provided under this Agreement. PERIOD OF LIMITATION Any action arising out of or related to an alleged breach of this Agreement shall be brought