Reasons for Reopening a Mitigation Agreement

Unless a mitigation agreement provides otherwise or provides a different remedy, the parties to a mitigation agreement may reopen negotiations on a signed mitigation agreement pursuant to any of the following triggering events: (1) In the event that an applicant or licensee is granted a gaming license subject to the issuance of the secretary of EOEEA's certificate on the applicant's final, supplemental, or single environmental impact report pursuant to 301 CMR 11.08(8) and 205 CMR 120.02: Conditions of Licensure, and the project as so certified and mitigated in accordance with the secretary of EOEEA's certificate would, if the applicant receives a final license from the commission, likely cause a significant and material adverse impact. (2) In the event that an applicant or licensee is granted a gaming license subject to the issuance of a federal, state or local permit or approval, and the permit or approval is either denied or issued in a manner such that the project would, if the applicant receives a final license from the commission, likely cause a significant and material adverse impact. (3) An occurrence that is likely to cause a significant and material adverse impact.