TRIBE HAS NOT TERMINATED
THE MANAGEMENT AGREEMENT UNDER THE PROVISIONS OF THIS AGREEMENT, AND THE
PROVISIONS OF THE MANAGEMENT AGREEMENT SHALL ALSO RECOMMENCE AND THE PERIOD OF
SUCH CESSATION SHALL NOT BE DEEMED TO HAVE BEEN PART OF THE TERM OF THE
MANAGEMENT AGREEMENT AND THE DATE OF EXPIRATION OF THE TERM OF THE MANAGEMENT
AGREEMENT SHALL BE EXTENDED BY THE NUMBER OF DAYS OF SUCH CESSATION PERIOD.
ANY
REASONABLE PAYMENTS MADE TO ANY THIRD PARTY TO ELIMINATE RIGHTS ACQUIRED IN THE
PROPERTY, FACILITY OR GAMING OPERATION DURING THE PERIOD OF CESSATION SHALL BE
DEEMED AN OPERATING EXPENSE OF THE GAMING OPERATION.
4.
ALCOHOLIC BEVERAGES AND TOBACCO SALES.
DURING THE TERM OF THIS
AGREEMENT, NO ALCOHOLIC BEVERAGES SHALL BE SERVED ON THE PROPERTY, UNLESS THE
BUSINESS COMMITTEE, ON BEHALF OF THE TRIBE, AND MANAGER MUTUALLY AGREE TO THE
SERVING OF SUCH BEVERAGES, AND UNLESS THE SERVING OF SUCH BEVERAGE IS OTHERWISE
IN ACCORDANCE WITH APPLICABLE LAW.
TOBACCO MAY BE SOLD AT THE GAMING OPERATION
BY THE TRIBE IF SUCH SALE IS IN ACCORDANCE WITH THE PROVISIONS OF APPLICABLE LAW
AND WITH ANY AGREEMENTS BETWEEN THE TRIBE AND ANY AGENCY THEREOF AND ANY OTHER
GOVERNMENTAL ENTITY.
THE REVENUES OF ANY SUCH TOBACCO SALES SHALL BE REVENUES
OF THE TRIBE, EXCLUSIVELY.
THE OPERATION AND ALL
13
EMPLOYEES SHALL BE UNDER THE DIRECTION OF THE TRIBE; HOWEVER, SUCH EMPLOYEES
SHALL MEET THE STANDARDS IMPOSED BY MANAGER ON OTHER EMPLOYEES OF THE GAMING
OPERATION.
G.
SECURITY FORCE.
MANAGER SHALL BE RESPONSIBLE FOR PROVIDING A
SECURITY FORCE SUFFICIENT TO REASONABLY ASSURE THE SAFETY OF THE CUSTOMERS,
PERSONNEL, MONIES, AND PROPERTY OF THE GAMING OPERATION.
SUCH SECURITY FORCE
SHALL BE COMPRISED OF SECURITY OFFICERS EMPLOYED DIRECTLY BY THE TRIBE, OR
PROVIDED UNDER A CONTRACT WITH A THIRD PARTY AND THE TRIBE, WHO SHALL REPORT
DIRECTLY TO THE MANAGER, AND EACH SECURITY OFFICER SHALL BE BONDED IN SUFFICIENT
AMOUNTS COMMENSURATE WITH THEIR ENFORCEMENT DUTIES AND OBLIGATIONS.
THE COST OF
SUCH SECURITY FORCE SHALL BE INCLUDED IN THE OPERATING EXPENSES OF THE GAMING
OPERATION.
H.
TRANSPORTATION.
MANAGER SHALL PROVIDE TRANSPORTATION TO CONCHO,
OKLAHOMA FROM THE WESTERN REGIONS OF THE TRIBE TO WESTERN TRIBAL MEMBERS SO THAT
SUCH MEMBERS WHO DO NOT HAVE ACCESSIBLE DAILY TRANSPORTATION MAY BE EMPLOYED AT
THE FACILITY DURING BOTH CONSTRUCTION OF THE PROJECT AND AFTER OPENING THE
FACILITY.
SUCH TRANSPORTATION SHALL CONSIST OF TWO STEP-VAN TYPE VEHICLES,
ACCOMMODATING AT LEAST NINE PASSENGERS EACH.
THE COST OF LEASING AND OPERATING
THE VEHICLES SHALL BE AN EXPENSE OF THE GAMING OPERATION.
PRIOR TO COMMENCEMENT
OF OPERATIONS, THE COST OF LEASING AND OPERATING THE VEHICLES SHALL BE A
START-UP EXPENSE AND SHALL BE LOANED TO THE TRIBES BY MANAGER.
2.3
RESPONSIBILITIES OF THE TRIBE.
TRIBE AGREES TO ASSIST MANAGER
(I) BY GAINING TIMELY PROJECT APPROVAL OF THIS CONTRACT BY NIGC; (II) BY USING
ITS BEST EFFORTS TO SECURE A BIA JOAN OR LOAN GUARANTY IN THE MAXIMUM AMOUNT
OBTAINABLE; (III) BY TIMELY OBTAINING A CLASS III GAMING COMPACT WITH THE STATE
OF OKLAHOMA OR SUCH OTHER