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A. The provisions of this law with reference to notice and bids shall not apply to an emergency if:

1. The Gaming Enterprise Board of Directors declares that an emergency exists; and

2. The Osage Nation Gaming Commission, or their designee approved by resolution of the Commission, issues an order to cure a condition that presents an imminent threat to the environment, public health and safety pursuant to the Osage Nation Gaming Law.

B. Emergency as used in this section shall be limited to conditions resulting from a sudden unexpected happening or unforeseen occurrence or condition whereby the public health, safety, or profitability is realistically endangered.

C. Osage Casinos shall maintain a report detailing all emergencies declared pursuant to this section during the previous three months.

D. The provisions of this law with reference to notice and bids shall not apply in the unique circumstances that equipment or services that are unique to Osage Casinos or the gaming industry with proprietary restrictions that may require use of particular brands of equipment or services may be exempted from competitive bidding if:

1. The Gaming Enterprise Board declares it unique; and

2. The Osage Nation Gaming Commission, or their designee approved by resolution of the Gaming Commission, issues an order authorizing the equipment or service exempt as unique.

E. Contractual obligations that require Osage Casinos to utilize particular vendors, materials, and/or equipment may be exempted from competitive bidding. ONCA 19-36, eff. Apr. 25, 2019.