COMMENCEMENT OF GAMING, TOGETHER WITH SUCH OTHER
EXPENSES INCURRED WITH THE APPROVAL OF THE TRIBAL REPRESENTATIVE AND MANAGER.
1.18
"TRIBAL LAND" MEANS ANY PROPERTY WHICH MAY IN THE FUTURE, OR WHICH
PRESENTLY FITS WITHIN THE DEFINITION OF "INDIAN LAND" AT CONCHO, OKLAHOMA, FOR
PURPOSES OF ESTABLISHING TRIBAL OR FEDERAL JURISDICTION AND REGULATORY AUTHORITY
OVER GAMING ACTIVITIES.
1.19
"TRIBE" MEANS THE CHEYENNE AND ARAPAHO TRIBES OF OKLAHOMA, ACTING
BY AND THROUGH ITS THEN DESIGNATED BUSINESS COMMITTEE.
1.20
"TRIBAL REPRESENTATIVE" SHALL MEAN THE PERSON APPOINTED IN
ACCORDANCE WITH THIS AGREEMENT BY THE BUSINESS COMMITTEE.
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1.21
"TRIBAL GAMING BOARD" SHALL MEAN THE BODY OF THE TRIBE AUTHORIZED
TO REGULATE THE GAMING OPERATION PURSUANT TO THE CHEYENNE-ARAPAHO TRIBES OF
OKLAHOMA GAMING ORDINANCE ADOPTED APRIL 3, 1993.
ARTICLE II
EMPLOYMENT OF MANAGER
2.1
GENERAL RESPONSIBILITIES OF MANAGER.
TRIBE HEREBY RETAINS AND
ENGAGES MANAGER COMMENCING AS OF THE EFFECTIVE DATE (AS DEFINED IN SECTION 19.8
HEREOF).
MANAGER'S RESPONSIBILITIES INCLUDE ASSISTING TRIBE WITH THE OBTAINING
OR SELECTION OF DESIRABLE LOCATIONS AND FACILITIES FOR THE CONDUCTING OF CLASS
II AND OTHER DESIRED GAMING BY TRIBE BOTH WITHIN AND OUTSIDE THE TRIBE'S LAST
RESERVATION BOUNDARY, INCLUDING THE FUNDS NEEDED FOR ANY NECESSARY CONSTRUCTION,
REMODELING, EQUIPPING OF THE FACILITY WITH GAMING EQUIPMENT AND MACHINERY,
STAFFING, STAFF TRAINING, MARKETING AND PROMOTION AND TO FUND AN INITIAL HOUSE
BANK SUFFICIENT TO BEGIN OPERATION AND SAFELY COVER ALL INITIAL WAGERS AND
PAYOUTS.
MANAGER SHALL ESTABLISH AN ADEQUATE ADVERTISING AND MARKETING BUDGET
AND SHALL PLACE ALL NECESSARY ADVERTISING.
MANAGER SHALL THEREAFTER HAVE THE
EXCLUSIVE RIGHT TO MANAGE SAID GAMING FACILITY ON BEHALF OF TRIBE IN COMPLIANCE
WITH (I) THE TERMS OF THIS AGREEMENT; (II) IN ACCORDANCE WITH THE ACT OR OTHER
APPLICABLE TRIBAL AND/OR FEDERAL LAW; AND (III) IN ACCORDANCE WITH THE
CHEYENNE-ARAPAHO GAMING ORDINANCE.
MANAGER SHALL MAINTAIN AND PROVIDE FOOD AND
BEVERAGE SERVICES FOR PATRONS OF THE FACILITY.
SUCH FOOD AND BEVERAGE SERVICES
SHALL BE MAINTAINED AND ACCOUNTED FOR SEPARATELY.
MANAGER SHALL PROMPTLY PAY
ALL BILLS OF THE GAMING OPERATION WHEN THEY BECOME DUE WITH FUNDS OF THE GAMING
OPERATION.
MANAGER, AFTER CONSULTATION WITH THE TRIBAL REPRESENTATIVE, SHALL
ESTABLISH A SCHEDULE DURING WHICH THE FACILITY SHALL BE OPEN FOR BUSINESS.
MANAGER SHALL USE ACTUAL MARKET EXPERIENCE AFTER OPENING TO ASCERTAIN WHETHER
THE SCHEDULE NEEDS TO BE MODIFIED AFTER TAKING INTO CONSIDERATION THE COST OF
OPERATION DURING ANY GIVEN PERIOD
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AND THE REVENUES TO BE EXPECTED DURING THAT SAME PERIOD.
ADDITIONALLY, THE
MANAGER SHALL BE RESPONSIBLE, IF APPLICABLE, TO SUPPLY NIGC WITH ALL INFORMATION
NECESSARY FOR THE COMMISSION TO COMPLY WITH THE REGULATIONS OF THE COMMISSION
ISSUED PURSUANT TO THE NATIONAL ENVIRONMENTAL POLICY ACT ("NEPA").
THIS
AGREEMENT SHALL NOT TRANSFER OR, IN ANY OTHER MANNER, CONVEY ANY INTEREST IN
LAND OR OTHER REAL PROPERTY.
2.2
A.
MANAGER'S ROLE IN NEGOTIATING TRIBAL COMPACT.
MANAGER WILL
PROVIDE, ON BEHALF OF THE TRIBE, LEGAL COUNSEL OF TRIBE'S CHOICE TO WORK WITH
THE TRIBE AT A COST NOT TO EXCEED SEVENTY-SIX THOUSAND AND NO/100 DOLLARS
($76,000.00) IN NEGOTIATING THIS MANAGEMENT AGREEMENT AND RELATED DOCUMENTS