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STATE OF SOUTH DAKOTA
DEPARTMENT OF REVENUE
AND REGULATION
IN THE MATTER OF THE
PETITION FOR )
A DECLARATORY RULING BY
IGT, ) STIPULATION
5301 SOUTH HIGHWAY
16 )
RAPID CITY, SOUTH DAKOTA
)
)
BEFORE THE
)
SOUTH DAKOTA LOTTERY
COMMISSION )
COME NOW, the Petitioner in the above matter and
the Intervening Parties and hereby request that
the Lottery Commission by Order approve and adopt
in toto the terms and conditions of this
Stipulation filed by the parties which provide as
follows:
1.
VLC/IGT will continue to supply and burn
the current approved chipsets for South Dakota
until such time that the IGT/VLC approved
raw parts used to burn the current approved
chipsets on the
Associated Equipment List as specified in ARSD
48:02:08:01.01 can
no longer be obtained.
Currently approved:
111141137B1 VLC Main Logic SDL
131412137B1 VLC Game Program SDL 137
101428137B1 VLC Character Program SCL 137
131212107 VLC Security Pal SDL
111141137A VLC Main Logic SDL
131412137A VLC Game Program SDL 137
101428004DVLC
Character Program for the 137A
2.
VLC/IGT will continue to provide support to
install the above mentioned chipsets in the VLC
8700 Logic boards and set them to Zero. At such
time that VLC/IGT or South
Dakota licensed operators are no longer able to
supply the chipsets on
the Associated Equipment List as specified
in ARSD 48:02:08:01.01,
VLC/IGT’s obligation hereunder shall cease.
3. The parties hereto
will jointly request that the South Dakota Lottery
Commission
release VLC/IGT from
liability as to the safety and integrity of the
games if VLC/IGT
parts are purchased from
any third party and utilized in the VLC 8700. This
applies to previously built, assembled or
programmed parts and not newly manufactured
proprietary parts purchased directly from VLC/IGT.
VLC/IGT will be under no obligation to release
proprietary information such as files for burning
chipsets or manufacturing new boards.
4. VLC/ IGT agrees that
any third party distributors may provide critical
and
proprietary VLC 8700
components, parts, services and support once such
distributor is approved by the South Dakota
Lottery Commission. Such components and parts must
have been previously built, assembled or
programmed by VLC or IGT and may not be
newly manufactured
proprietary components or parts manufactured by
anyone
other than VLC or IGT.
5. VLC/IGT will release
any exclusivity sales requirements otherwise
imposed by it upon
manufacturers or third
party suppliers or vendors as to the VLC 8700
machine.
6. Notwithstanding the
provisions of ARSD 48:02:07:11, VLC/IGT will be
obligated to
provide support for the
VLC 8700 as required under ARSD 48:02:05:02(3) and
(4), but only to the
extent of the terms and conditions as set forth
herein.
7. The parties agree that this agreement is only
effective and they are bound by its terms and
conditions, only upon the effective declaration by
the Lottery Commission that the VLC 8700 is
obsolete, with such obsolescence dependent upon
and only effective with the simultaneous binding
adoption of the conditions and authorities
expressed herein.
8. Based upon the
foregoing agreements, the parties hereto shall
jointly ask the Lottery Commission to grant VLC/IGT’s
request for obsolescence of the VLC 8700.
The parties further
agree that this Stipulation can be executed in
counterpart and that a faxed copy reflecting the
signature of each party can be filed with each
party agreeing to replace that faxed copy with the
original.
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