tag:blogger.com,1999:blog-6951317947613980317.post8210853772443176720..comments2023-03-18T07:54:25.377-04:00Comments on COFFEE SHOP TALK: Lost OpportunitiesUnknownnoreply@blogger.comBlogger5125tag:blogger.com,1999:blog-6951317947613980317.post-5102602961357768262010-05-17T13:27:33.716-04:002010-05-17T13:27:33.716-04:00Look at the "kiss off" letter in the nex...Look at the "kiss off" letter in the next blog. It is fascinating what we never get told as taxpayers.AMBhttps://www.blogger.com/profile/13384872321808423806noreply@blogger.comtag:blogger.com,1999:blog-6951317947613980317.post-76758029413557894682010-05-17T13:14:17.312-04:002010-05-17T13:14:17.312-04:00I think Middleboro's best play is the lawsuits...I think Middleboro's best play is the lawsuits is *may* file not the lawsuits it *will* file. Get some concessions from the State(Rt. 44) and the Tribe(the land) then get out of this as cleanly and as quickly as possible.Mark Belangerhttps://www.blogger.com/profile/08377845343337691704noreply@blogger.comtag:blogger.com,1999:blog-6951317947613980317.post-23727148590361011062010-05-17T13:04:17.178-04:002010-05-17T13:04:17.178-04:00Very Nice. But when do we get to cancel the deal?...Very Nice. But when do we get to cancel the deal? Seems like a one way deal to me. Who negiated this deal anyway?<br /><br />NOCASINOAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-6951317947613980317.post-61169249192568393432010-05-17T09:22:02.307-04:002010-05-17T09:22:02.307-04:00Also on Page 18 the following would have allowed t...Also on Page 18 the following would have allowed the Tribe to walk away months ago:<br /><br />L. Effective Date and Term.<br />This Agreement shall become effective upon its execution by the Parties<br />hereto and shall continue during the period of time that business operations related to the<br />Project are conducted at the Project Site, provided that if the Tribe is informed by the<br />Secretary of the Interior that the United States will not take the land into trust for the<br />purposes of allowing the Tribe to conduct gaming activities thereon then this Agreement<br />shall terminate 30 days after all appeals related to such a decision have been exhaustedWally Glendyehttps://www.blogger.com/profile/17358735600115202098noreply@blogger.comtag:blogger.com,1999:blog-6951317947613980317.post-40761194597232636122010-05-17T09:20:14.538-04:002010-05-17T09:20:14.538-04:00With the land not being held in trust, the Tribe h...With the land not being held in trust, the Tribe has always had a way out. In the Intergovenrmental Agreement on Page 14 states the following:<br /><br />D. Independent Covenants; Severability.<br />The existence of any claim or cause of action of any party to this<br />Agreement (“First Party”) against the other party (“Second Party”), whether predicated<br />on this Agreement or otherwise, shall not constitute a defense to the enforcement by the<br />Second Party of the covenants and agreements of the First Party contained in this<br />Agreement. If any provision of this Agreement is held to be illegal, invalid, or<br />unenforceable under present or future laws effective during the term hereof, or by a<br />decision of the United States Secretary of Interior, Bureau of Indian Affairs or agency<br />charged with review of Agreements entered into with Indian Tribes, such provision shall<br />be fully severable and this Agreement shall be construed and enforced as if such illegal,<br />invalid, or unenforceable provision never comprised a part of this Agreement; and the<br />remaining provisions of this Agreement shall remain in full force and effect and shall not<br />be affected by the illegal, invalid, or unenforceable provision or by its severance<br />herefrom. Furthermore, in lieu of such illegal, invalid, or unenforceable provision, there<br />shall be added automatically as part of this Agreement, a provision as similar in its terms<br />to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid,<br />and enforceable.Wally Glendyehttps://www.blogger.com/profile/17358735600115202098noreply@blogger.com