OPERATION; AND (19) REASONABLE ACCRUALS ESTABLISHED
BY MANAGER AFTER CONSULTATION WITH TRIBE TO PROVIDE FOR FUTURE PAYMENT OF
OPERATING EXPENSES AND JACKPOT TYPE PRIZES.
1.8
"GENERAL CONTRACTOR" SHALL MEAN KRAUS-ANDERSON CONSTRUCTION
COMPANY OR SUCH OTHER PERSON OR ENTITY RECOMMENDED BY MANAGER AND SELECTED BY
THE TRIBAL REPRESENTATIVE, ON BEHALF OF THE TRIBE, ACCEPTABLE TO MANAGER, WHO IS
A LICENSED GENERAL CONTRACTOR, EXPERIENCED IN THE CONSTRUCTION OF COMMERCIAL
BUILDINGS AND APPURTENANT STRUCTURES AND SERVICE FACILITIES, AND IS CAPABLE OF
FURNISHING A PERFORMANCE AND PAYMENT BOND OF NOT LESS THAN THREE MILLION DOLLARS
($3,000,000.00).
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1.9
"GENERAL MANAGER" SHALL MEAN THE PERSON SELECTED BY MANAGER AND
APPROVED BY THE TRIBAL REPRESENTATIVE, WHO IS EXPERIENCED IN THE OPERATION,
MAINTENANCE AND ACCOUNTING FOR A GAMING OPERATION.
SUCH GENERAL MANAGER SHALL
BE EMPLOYED BY THE MANAGER AND SHALL BE THE PERSON RESPONSIBLE FOR AND WITH THE
NECESSARY AUTHORITY FOR CARRYING OUT THE DUTIES AND RESPONSIBILITIES OF MANAGER
AS SET FORTH HEREIN IN CONNECTION WITH THE OPERATION OF THE FACILITY.
THE
GENERAL MANAGER SHALL BE ENGAGED DURING THE TERM OF THIS AGREEMENT.
1.10
"MANAGEMENT AGREEMENT" SHALL MEAN THIS AGREEMENT.
1.11
"NET REVENUES" SHALL MEAN GROSS GAMING REVENUES OF THE GAMING
OPERATIONS LESS (A) AMOUNTS PAID OUT AS, OR PAID FOR, PRIZES; AND (B) TOTAL
GAMING-RELATED OPERATING EXPENSES, EXCLUDING MANAGEMENT FEES.
1.12
"NON-GAMING NET REVENUES" SHALL MEAN GROSS REVENUES FROM ALL
NON-GAMING SOURCES, INCLUDING WITHOUT LIMITATION, RESTAURANT, FOOD SERVICE AND
GIFT SHOP ACTIVITIES, LESS TOTAL NON-GAMING RELATED OPERATING EXPENSES
CALCULATED IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES (GAAP).
1.13
"PROJECT APPROVAL" MEANS APPROVAL OF THIS GAMING MANAGEMENT
AGREEMENT AND AUTHORIZATION BY MANAGER TO CONDUCT CLASS II GAMING (AS DEFINED IN
THE ACT) BY THE CHAIRMAN OF THE NATIONAL INDIAN GAMING COMMISSION ("NIGC").
1.14
"PROJECT" MEANS THE GAMING FACILITY DEVELOPED AND CONSTRUCTED BY
MANAGER FOR THE CONDUCT OF GAMING OPERATIONS DEFINED AS "CLASS II GAMING" IN
SECTION 2703, SUBSECTION 7(A} OF THE ACT.
1.15
THIS SECTION INTENTIONALLY LEFT BLANK.
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1.16
"PROPERTY" SHALL MEAN A PARCEL OF LAND, MORE PARTICULARLY DESCRIBED
IN EXHIBIT A ATTACHED AS A PART HEREOF, ON WHICH THE BUSINESS COMMITTEE, ON
BEHALF OF THE TRIBE, WILL BUILD THE FACILITY, WHICH PARCEL IS HELD BY THE UNITED
STATES IN TRUST FOR THE TRIBE.
1.17
"START-UP EXPENSES" SHALL MEAN ALL EXPENSES NECESSARY TO PREPARE
FOR THE COMMENCEMENT OF GAMING INCURRED WHICH ARE NOT OTHERWISE OPERATING
EXPENSES INCURRED UNDER SECTION 1.6 OF THIS AGREEMENT.
START-UP EXPENSES SHALL
INCLUDE COSTS TO THE BUSINESS COMMITTEE, ON BEHALF OF THE TRIBE AS SET FORTH IN
SECTION 2.2 A HEREOF, AND THE COST TO MANAGER FOR LEGAL AND OTHER PROFESSIONAL
FEES INCURRED ON BEHALF OF THE GAMING OPERATION WITH THE SPECIFIC APPROVAL OF
THE MANAGER, WHICH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD, INCURRED FOR
PURPOSES OF ENTERING INTO OR OBTAINING APPROVAL OF THIS AGREEMENT.
START-UP
EXPENSES ALSO SHALL INCLUDE, BUT NOT BE LIMITED TO, NECESSARY SALARIES,
CONSULTING FEES, EMPLOYEE BACKGROUND CHECKS AND TRAINING, MARKETING EXPENSES,
SUPPLIES, INVENTORIES, UNIFORMS, UTILITY COSTS, TRAVEL AND SIMILAR EXPENSES
NECESSARY TO PREPARE FOR THE