Collateral agreement means any contract, whether or not in writing, that is related, either directly or indirectly, to a management contract, or to any rights, duties or obligations created between a tribe (or any of its members, entities, or organizations) and a management contractor or subcontractor (or any person or entity related to a management contractor or subcontractor).
Notes of Decisions
Catskill Dev., L.L.C. v. Park Place Ent. Corp., 154 F. Supp. 2d 696 (S.D.N.Y. 2001).
“I found that each of these agreements were collateral to the Management Agreement, under the definition of “collateral agreements” under provided in 25 C.F.R. § 502.5 . Under section 2711(a)(3) of the IGRA, collateral agreements are considered management contracts.”
Wells Fargo Bank, Nat'l Ass'n v. Lake of the Torches Econ. Dev. Corp., 658 F.3d 684 (7th Cir. 2011).
“” 25 C.F.R. § 502.5 . 11 . As the district court noted, the Commission defines the term "primary management official” as (a) The person having management responsibility for a management contract; (b) Any person who has authority: (1) To hire and fire employees; or (2) To set up…”
Debary v. Harrah's Operating Co., Inc., 465 F. Supp. 2d 250 (S.D.N.Y. 2006).
“” 25 C.F.R. § 502.5 . The LPA fits squarely into the NIGC’s definition of an agreement collateral to the management agreement.”
United States ex rel. Mosay v. Buffalo Bros. Mgmt., Inc., 20 F.3d 739 (7th Cir. 1994).
“§ 2711 (a)(3); 25 C.F.R. § 502.5 . Violations of the Act, including failure to submit contracts required to be submitted to the Commission for approval, subject the violator to civil penalties levied and collected by the Commission in proceedings authorized by the Act.”
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