HAS THE MEANING GIVEN IN
SECTION 2.3 OF THIS AGREEMENT.
1.27
"OPERATION DATE" MEANS THE FIRST DATE THAT THE
FACILITY IS OPEN FOR OPERATION TO THE GENERAL PUBLIC.
1.28
"SOUTHWEST" HAS THE MEANING GIVEN IN THE RECITALS TO
THIS AGREEMENT.
1.29
"UNSUITABLE PERSON" MEANS ANY PERSON OR ORGANIZATION
WHO IS NOT LICENSABLE BY ANY GAMING AUTHORITY HAVING JURISDICTION OVER THE
COMPANY, THE GAMING OPERATION, THE FACILITY, THE MANAGER OR THE BUSINESS
OPERATIONS OF SUCH PERSON OR ORGANIZATION (OR ITS AFFILIATE) AT THE TIME OF ANY
SUCH DETERMINATION.
ARTICLE 2.
THE MANAGER
2.1
GENERAL RESPONSIBILITIES OF THE MANAGER.
THE
COMPANY HEREBY RETAINS AND ENGAGES THE MANAGER COMMENCING AS OF THE EFFECTIVE
DATE.
THE MANAGER'S RESPONSIBILITIES SHALL INCLUDE, BUT ARE NOT LIMITED TO, THE
FOLLOWING:
(A)
SUPERVISING AND MANAGING ALL ACTIVITIES
NECESSARY FOR THE CONDUCT OF THE GAMING OPERATIONS AT THE FACILITY;
(B)
PLANNING, CONSTRUCTING, EQUIPPING,
MAINTAINING AND IMPROVING THE FACILITY;
(C)
ESTABLISHING THE OPERATING DAYS AND HOURS
AT THE FACILITY;
(D)
HIRING, FIRING, TRAINING AND PROMOTING
EMPLOYEES AT THE FACILITY, INCLUDING OVERSEEING THE HIRING PROCESS FOR THE
INITIAL EMPLOYEES OF THE FACILITY AND THE TRAINING AND QUALIFYING OF SUCH
INITIAL EMPLOYEES;
4
(E)
MANAGING ALL MARKETING AND PROMOTION
ACTIVITIES IN CONNECTION WITH THE FACILITY, INCLUDING START-UP PROMOTIONS;
(F)
ORGANIZING THE FUNDING OF AN INITIAL
HOUSE BANK SUFFICIENT TO BEGIN OPERATION AND SAFELY COVER ALL INITIAL WAGERS AND
PAYOUTS IN CONNECTION WITH THE GAMING OPERATIONS;
(G)
ESTABLISHING AND MANAGING FOOD, BEVERAGE AND
RETAIL SERVICES IN CONNECTION WITH THE FACILITY, INCLUDING PROCURING LIQUOR
LICENSES AND MAINTAINING SUCH LIQUOR LICENSES;
(H)
ESTABLISHING, MAINTAINING AND MANAGING
APPROPRIATE SECURITY PERSONNEL, SYSTEMS AND PROTOCOLS WITH RESPECT TO THE GAMING
OPERATIONS AT THE FACILITY, ITS CUSTOMERS AND EMPLOYEES AND THE HANDLING OF
MONIES RELATED THERETO;
(I)
ESTABLISHING AND ADMINISTERING
EMPLOYMENT PRACTICES AT THE FACILITY, INCLUDING, THE DEVELOPMENT AND ENFORCEMENT
OF PERSONNEL POLICIES AND PROCEDURES, WHICH SHALL CONFORM TO GENERALLY ACCEPTED
PERSONNEL POLICIES AND PROCEDURES OF THE GAMING INDUSTRY;
(J)
DEVELOPING AND ADMINISTERING A
LOAN/GRANT PROGRAM THAT WILL ENCOURAGE THE REFURBISHMENT OF HOTELS LOCATED IN
THE VICINITY OF ROCKAWAY BEACH, MISSOURI AND MANAGING AND OPERATING ANY HOTELS
THAT ARE ACQUIRED OR OPERATED BY THE COMPANY;
(K)
OBTAINING AND MAINTAINING INSURANCE
COVERAGE AT THE FACILITY, INCLUDING LIABILITY AND PROPERTY DAMAGE COVERAGE;
(L)
MAINTAINING ALL BOOKS AND RECORDS
NECESSARY FOR THE GAMING OPERATIONS AT THE FACILITY;
(M)
PROVIDING THE COMPANY WITH ALL INFORMATION
NECESSARY FOR THE COMPANY TO COMPLY WITH ALL APPLICABLE LAW GOVERNING THE GAMING
OPERATIONS AT THE FACILITY;
(N)
DEVELOPING AND LEASING TO THIRD PARTY
TENANTS RETAIL SPACE IN CONNECTION WITH THE FACILITY IN SUCH QUANTITIES AS
AGREED TO BY THE COMPANY AND THE CITY OF ROCKAWAY BEACH, MISSOURI;
(O)
MAINTAINING WORKING RELATIONSHIPS WITH THE
CITY OF ROCKAWAY BEACH, MISSOURI AND THE OTHER COMMUNITIES SURROUNDING THE
FACILITY, INCLUDING COMPLYING WITH THE DEVELOPMENT AGREEMENT AND CORRESPONDING
GROUND LEASE ASSOCIATED WITH THE FACILITY AND THE GAMING OPERATIONS;
(P)
IMPLEMENTING AND ADMINISTERING THE WHITE
RIVE COMMUNITIES ASSOCIATION ON BEHALF OF THE COMPANY, THE FACILITY AND THE
GAMING OPERATIONS AND IN CONCERT