IN
INTEREST SHALL INCLUDE BRIEF PERSONAL HISTORY STATEMENTS INCLUDING THEIR
RESIDENCE AND BUSINESS ADDRESSES, OCCUPATIONS, DATES OF BIRTH AND SOCIAL
SECURITY NUMBERS FOR ALL EMPLOYEES PRESENTLY HIRED WHO WILL HAVE DAY-TO-DAY
MANAGEMENT RESPONSIBILITY FOR THE GAMING OPERATIONS AND ALL STOCKHOLDERS OF THE
CORPORATION HOLDING FIVE PERCENT (5%) OR MORE OF THE STOCK OF THE CORPORATION.
19.3
CORPORATE DOCUMENTS AND AUTHORIZATION.
MANAGER HAS PREVIOUSLY
PROVIDED TO TRIBE ITS ARTICLES OF INCORPORATION AND THE CORPORATE RESOLUTION
AUTHORIZING THIS AGREEMENT.
19.4
CONFLICT OF INTEREST.
MANAGER AGREES THAT NO PERSON WHO HAS A
FINANCIAL INTEREST IN MANAGER SHALL BE ELECTED MEMBERS OF THE TRIBAL GOVERNMENT
OR A RELATIVE OF AN ELECTED MEMBER
39
OF THE TRIBAL GOVERNMENT.
IN THE EVENT ANY PARTY IN INTEREST OR A RELATIVE
THEREOF IS ELECTED TO THE TRIBAL GOVERNMENT, SUCH PERSON SHALL BE REQUIRED TO
DIVEST HIMSELF OR HERSELF OF HIS OR HER INTEREST IN THE CONTRACT.
19.5
LIMITATION ON TRIBAL OFFICES.
MANAGER AGREES THAT NO ELECTED
MEMBER OF THE TRIBAL GOVERNMENT, OR RELATIVE RESIDING IN THE IMMEDIATE HOUSEHOLD
OF AN ELECTED MEMBER OF THE TRIBAL GOVERNMENT, MAY BE HIRED AS AN EMPLOYEE OF
THE MANAGER OR OF THE GAMING OPERATION.
19.6
RELATIVE.
"RELATIVE" FOR THESE PURPOSES MEANS AN INDIVIDUAL WHO IS
RELATED TO AN ELECTED MEMBER OF THE TRIBAL GOVERNMENT AS A FATHER, MOTHER, SON,
DAUGHTER, BROTHER, SISTER, UNCLE, AUNT, FIRST COUSIN, NEPHEW, NIECE, HUSBAND,
WIFE, FATHER-IN-LAW, MOTHER-IN-LAW, SON-IN-LAW, DAUGHTER-IN-LAW, BROTHER-IN-LAW,
SISTER-IN-LAW, STEPFATHER, STEPMOTHER, STEPSISTER, HALF BROTHER OR HALF SISTER.
19.7
NO PAYMENTS.
MANAGER AGREES THAT NO PAYMENTS HAVE BEEN AND NO
PAYMENTS WILL BE MADE TO ANY ELECTED MEMBER OF THE TRIBAL GOVERNMENT OR THE
RELATIVE OF ANY ELECTED MEMBER OF THE TRIBAL GOVERNMENT FOR THE PURPOSE OF
OBTAINING OR MAINTAINING THE CONTRACT OR ANY OTHER PRIVILEGE FOR THE MANAGER.
19.8
EFFECTIVE DATE.
THE EFFECTIVE DATE OF THIS AGREEMENT SHALL MEAN
THE DATE THAT THE WRITTEN APPROVAL OF THIS AGREEMENT IS GRANTED BY NIGC PURSUANT
TO THE ACT.
THE TRIBE AGREES TO USE ITS BEST EFFORTS TO SATISFY ALL OF THE
ABOVE CONDITIONS WITHIN TWELVE (12) MONTHS AFTER THE DATE OF THIS AGREEMENT.
PENDING APPROVAL OF THIS AGREEMENT BY N.I.G.C. PARTIES ACKNOWLEDGE THAT SECOND
AMENDED AND RESTATED GAMING MANAGEMENT AGREEMENT DATED OCTOBER 8, 1993 SHALL
REMAIN IN FULL FORCE AND EFFECT.
19.9
CONTINGENCIES.
THIS AGREEMENT IS SUBJECT TO THE FOLLOWING MATTERS:
40
(a)
availability of financing which will be
preliminarily secured prior to execution of this agreement; and
(b)
approval by the Tribe and Manager of the
exact site and all plans, specifications and design.
19.10
EXCLUSIVE.
AT SUCH TIME AS CLASS III GAMING IS AVAILABLE, MANAGER
AND TRIBE SHALL NEGOTIATE IN GOOD FAITH TO PERMIT MANAGER TO EXPAND THE
FACILITY, ACQUIRE ALL NECESSARY EQUIPMENT AND LOAN SUFFICIENT AND NECESSARY
FUNDS TO THE TRIBE FOR THE CONDUCTING OF CLASS III GAMING ACTIVITIES, AND TO
MANAGE SUCH CLASS III GAMING FACILITY IN ADDITION TO THE MANAGEMENT OF THE CLASS
II GAMING FACILITY LOCATED AT CONCHO, OKLAHOMA.
THE TERMS OF ANY SUCH AGREEMENT
INVOLVING CLASS III GAMING,