The clause in the contract states that "Concord is aware that,at a certain point in the future, the St. Regis Mohawk Tribe mayobtain all necessary licenses and approvals (the "Class IIILicenses") that shall be required to operate a Class III gamingfacility on the Land in Trust Property. Concord hereby agrees toendorse the construction of a Class III gaming facility on the Landin Trust Property, and hereby agrees to support the tribe in itsefforts to obtain the Class III Licenses. Concord acknowledges thatEmpire may plan and develop resort, hotel, entertainment and/orretail facilities on the Empire Land (the "Class III Actions"), andConcord hereby endorses the Class III Actions and the aforesaiddevelopment of the Empire Land."

Empire officials say that per the agreement Concord Associatesis required to provide $1 million for the master development of theproperty at Monticello Raceway. They add that "a plan for theentire 200 acres, including the Mohawk casino, was commissioned byConcord Associates in January 2008."

The statement notes that "the company is perplexed by thetribe's apparent emotional reaction. Empire had previously obtainedthe written agreement of the tribe to permit it to develop up totwo additional tribal casinos in Sullivan County. In addition, theConcord facilities could have also been replicated at anytime atthe Raceway site with Concord Associates. Why the tribe chose notto engage in a dialogue with Empire to extend the agreements thatexpired in 2007, which Empire had invited the tribe to do, cannotbe explained by Empire," company officials say. "It remains apuzzle to the company as to the underlying motives and strategy.Why would the tribe walk away fromthe Raceway site for yet a second time?"