WHO SHALL REPORT TO GENERAL MANAGER ON SITE AND SHALL PROVIDE A COPY OF ANY
WRITTEN REPORT DIRECTLY TO MANAGER.
MANAGER SHALL WORK TOWARD ESTABLISHING A
SECURITY FORCE OF A HIGH LEVEL OF TRAINING AND EXPERTISE.
ALL REPORTS AND
INFORMATION FROM THE DIRECTOR OF SECURITY SHALL BE MADE IMMEDIATELY AVAILABLE TO
THE TRIBAL GAMING BOARD AS ESTABLISHED UNDER THE TRIBAL GAMING ORDINANCE.
ALL
EXPENSES OF SUCH SECURITY ACTIVITIES SHALL BE AN OPERATING EXPENSE OF THE
OPERATION OF THE FACILITY, INCLUDING PROFESSIONAL TRAINING, UNIFORMS,
TRANSPORTATION AND ANY ARMS OR OTHER EQUIPMENT REASONABLY NECESSARY, IN THE
JUDGMENT OF MANAGER, TO THE PROPER FULFILLMENT OF THE RESPONSIBILITIES OF THE
SECURITY FORCE.
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3.4
LIMITED APPOINTMENT OF MANAGER AS INDEPENDENT CONTRACTOR TO
TRIBE.
THIS AGREEMENT DOES NOT TRANSFER ANY INTEREST IN THE PROPERTY TO
MANAGER.
MANAGER, HOWEVER, IS HEREBY APPOINTED, DELEGATED, EMPLOYED AND
AUTHORIZED TO ACT ON BEHALF OF TRIBE AS TRIBE'S INDEPENDENT CONTRACTOR IN
CARRYING OUT A VARIETY OF DUTIES NECESSARY TO THE PROPER AND EFFICIENT
MANAGEMENT AND OPERATION OF THE GAMING FACILITY ON BEHALF OF TRIBE AS FOLLOWS:
A.
OPERATION OF GENERAL BUSINESS AND BUSINESS AFFAIRS.
MANAGER SHALL
MANAGE THE DAY-TO-DAY OPERATION OF THE GAMING FACILITY, INCLUDING, BUT NOT
LIMITED TO, THE GENERAL BUSINESS AND BUSINESS AFFAIRS IN CONNECTION WITH
FINANCING, CONSTRUCTION, IMPROVEMENT, DEVELOPMENT, OPERATION, MANAGEMENT AND
MAINTENANCE OF THE FACILITY, REAL ESTATE AND ALL IMPROVEMENTS TO THE PROPERTY
SET ASIDE FOR THE USE OF MANAGER AND FOR THE OPERATION OF THE GAMING FACILITY.
IN CARRYING OUT THESE DUTIES AND RESPONSIBILITIES, MANAGER PROMISES AND AGREES
TO COMPLY WITH THE LETTER AND SPIRIT OF THIS AGREEMENT, ITS TERMS AND
CONDITIONS.
MANAGER IS NOT AUTHORIZED OR EMPOWERED TO OBLIGATE TRIBE OR TO
PLEDGE TRIBAL ASSETS TO SECURE ANY DEBT OR OBLIGATION OF THE GAMING FACILITY.
B.
MANAGEMENT AND CONTROL.
MANAGER SHALL HAVE THE EXCLUSIVE
AUTHORITY OVER, AND RIGHT TO CONTROL OF, THE DAY-TO-DAY MANAGEMENT AND CONTROL
OF THE GAMING OPERATION AND ALL NON GAMING ACTIVITIES OTHER THAN THE SMOKE SHOP,
ITS EMPLOYEES, CUSTOMERS, REVENUES AND ANY AND ALL PROPERTY AND ASSETS ASSIGNED,
LOCATED OR OTHERWISE USED AT OR FOR THE GAMING FACILITY.
SUCH AUTHORITY SHALL
INCLUDE ALL DECISIONS REGARDING GAMES PLAYED AND THE RULES OF PLAY FOR SUCH
GAMES, THE ODDS OR PAYOUTS OF SUCH GAMES, AND THE PROFIT MARGINS TO BE USED IN
THE SALE OF ANY GOODS OR SERVICES TO BE SOLD ON THE PREMISES, ALL IN COMPLIANCE
WITH THE COMPACT, THE TRIBAL GAMING ORDINANCE, AND/OR INDUSTRY STANDARDS.
THE
CONTROL EXERCISED BY TRIBE OVER THE GAMING FACILITY AND THE GAMING OPERATION
SHALL BE EXERCISED THROUGH THE COMPREHENSIVE TRIBAL GAMING
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ORDINANCE AND REGULATIONS APPROPRIATELY PROMULGATED THEREUNDER, THE TERMS OF ANY
APPROVED CLASS III COMPACT, AND THE TERMS OF THIS AGREEMENT.
C.
COLLECTION, DEPOSIT AND DISBURSEMENT OF REVENUES.
AS TRIBE'S
INDEPENDENT CONTRACTOR, MANAGER SHALL COLLECT, RECEIVE AND ACCOUNT FOR, ON
BEHALF OF TRIBE, ALL REVENUES GENERATED AND RESULTING FROM THE OPERATION OF THE
GAMING FACILITY.
SUCH REVENUES SHALL BE DEPOSITED INTO AN ACCOUNT OR ACCOUNTS
OF THE GAMING OPERATION WITH SUCH