Exhibit 10.95
INDEMNITY AGREEMENT
This Indemnity Agreement is dated as of January 12, 2005, by and between Pawnee
Trading Post Gaming Corporation ("Pawnee"), a wholly-owned subsidiary of the Pawnee
Tribal Development Corporation ("Pawnee TDC"), each created under the Constitution of
and a governmental subdivision of the Pawnee Nation of Oklahoma ("Pawnee Nation"), a
federally recognized Indian tribe, located in the State of Oklahoma, and Lakes Pawnee
Management, LLC, a Minnesota limited liability company (hereinafter referred to as
"Lakes"), whose business office is located at 130 Cheshire Lane, Minnetonka, Minnesota
55305.
WITNESSETH:
WHEREAS, Lakes has entered into an agreement with Pawnee dated January 12, 2005
("Management Contract"), pursuant to which Lakes is to manage the Project's Gaming
Facility and related Ancillary Facilities owned by Pawnee; and
WHEREAS, Lakes and Pawnee have required the other to execute and deliver this
Indemnity Agreement to each other to induce Lakes to assist with management of the
Project Facilities and to induce Pawnee to allow Lakes to comply with Environmental
Laws in the management of the Project Facilities;
NOW, THEREFORE, for valuable consideration, the receipt of which is hereby
acknowledged, Pawnee and Lakes agree as follows:
1. RECITALS TRUE. The above recitals are true.
2. DEFINITIONS. Capitalized terms used but not otherwise defined herein and defined in
the Management Contract shall have the same meaning herein as therein. As used herein,
the following additional terms shall have the following meanings:
(a) Environmental Laws: Together: (i) the Resource Conservation Recovery Act, as
amended by the Hazardous and Solid Waste Amendments of 1984, 42 U.S.C. Sections
6901 et seq.; (ii) the Comprehensive Environmental Response, Compensation and
Liability Act, as amended by the Superfund Amendments and Reauthorization Act, 42
U.S.C. Sections 9601 et seq.; (iii) the Clean Water Act, 33 U.S.C. Sections 466 et seq. and
33 U.S.C. Sections 1344 et seq.; (iv) the Safe Drinking Wat