As consideration for the meaningful concessions from the State described in section 1 of this chapter and provided that the State is not in breach of its obligations regarding Expanded Gaming in the Exclusivity Area, the Band shall make annual payments to the State of eight percent (8%) of the Net Win at its South Bend Site Class III Gaming Facility. In the event that the State breaches its obligations regarding Expanded Gaming in the Exclusivity Area, the Band's obligation to make the annual payment to the State described in this section shall immediately cease as of the date of the breach.
IC 4-29.5-17-2