TASKS AS ARE REQUIRED TO MEET THE
REQUIREMENTS OF THIS AGREEMENT, AND IN ORDER TO ASSIST MANAGER WITH THE
FINANCIAL INFORMATION NEEDED TO FULLY AND PROPERLY CARRY
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OUT THE GENERAL DUTIES AND RESPONSIBILITIES OF MANAGER HEREUNDER.
MANAGER SHALL
DESIGN AND INSTALL SYSTEMS FOR INSURING THE SECURITY OF ALL FUNDS AND MAINTAIN
AND POLICE SUCH SYSTEMS AS MANAGER SEES FIT.
THE PERSON OR FIRM SO RETAINED BY
MANAGER SHALL BE INDEPENDENT FROM THE CPA DEFINED IN PARAGRAPH 1.2 HEREOF.
B.
DAILY REPORTS.
MANAGER SHALL ENSURE THE CAPACITY TO DETERMINE THE
DAILY REVENUES, INCLUDING THE GROSS HANDLE AND HOLD OF THE GAMING FACILITY, AND
SHALL COMMUNICATE DAILY RESULTS TO THE TRIBE.
C.
FINANCIAL REPORTING.
MANAGER SHALL PROVIDE SEPARATE
ACCOUNTABILITY AND FINANCIAL REPORTING FOR ALL NON-GAMING PROFIT CENTERS AS
EXIST WITHIN THE FACILITY OR AS MAY BE OTHERWISE RELATED TO THE GAMING FACILITY,
SUCH AS RESTAURANTS, GIFT SHOPS, HOTELS OR OTHERWISE.
D.
DEPOSIT OF PROCEEDS.
PROCEEDS FROM ALL SUCH PROFIT CENTERS SHALL
BE DEPOSITED AND SECURED BY MANAGER FOR DEPOSIT AT SUCH BANK OR BANKS AS MAY BE
SELECTED BY MANAGER AND TRIBE.
E.
CASH MANAGEMENT SYSTEM.
MANAGER SHALL ESTABLISH A CASH
MANAGEMENT SYSTEM WHICH IS ADEQUATE TO SAFEGUARD THE FUNDS OF THE GAMING
OPERATION.
THE TRIBE SHALL HAVE THE RIGHT TO OVERSEE THE CASH MANAGEMENT
SYSTEM, INCLUDING VIDEO SURVEILLANCE.
F.
TAX WITHHOLDINGS ON WINNINGS.
MANAGER SHALL BE RESPONSIBLE FOR
REPORTING AND WITHHOLDING TAXES WITH RESPECT TO THE WINNINGS FROM GAMING OR
WAGERING OPERATIONS AS MAY BE REQUIRED BY THE INTERNAL REVENUE CODE OF 1986, AS
AMENDED.
G.
INTERNAL REVENUE CODE.
MANAGER SHALL BE RESPONSIBLE FOR
COMPLIANCE WITH ALL OTHER LAWFUL REQUIREMENTS IMPOSED BY THE INTERNAL REVENUE
CODE.
4.3
DEPOSITORIES AND ACCOUNTS.
MANAGER SHALL, AS AGENT FOR TRIBE,
ESTABLISH SUFFICIENT BANK ACCOUNTS AS ARE DEEMED NECESSARY AND APPROPRIATE TO
THE PROPER MANAGEMENT AND CONTROL OF
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ALL REVENUES GENERATED UPON THE FACILITY MANAGER AND TRIBE SHALL MUTUALLY
DETERMINE THOSE DEPOSITORIES TO BE USED FOR THESE PURPOSES.
A.
TAX IDENTIFICATION NUMBER.
MANAGER WILL NOT USE THE TRIBAL TAX
IDENTIFICATION NUMBER FOR ANY OR ALL SUCH ACCOUNTS.
MANAGER SHALL SECURE A
SEPARATE TAX IDENTIFICATION NUMBER FOR THE GAMING ENTERPRISE AS A MEANS OF
INSURING AGAINST ANY AND ALL CLAIMS OF THIRD PARTIES, INCLUDING CREDITORS OR
STATE AND FEDERAL AUTHORITIES WHO MAKE ANY CLAIM AGAINST MANAGER.
THE USE OF
SUCH TAX NUMBER SHALL NOT CHANGE OR REDUCE THE AUTHORITY OF MANAGER OVER THE USE
OR DISBURSEMENT OF SUCH MONIES AS IS OTHERWISE AUTHORIZED BY THIS AGREEMENT.
B.
CHANGE OF DEPOSITORY.
WITH THE CONSENT OF THE TRIBAL
REPRESENTATIVE, MANAGER MAY FROM TIME TO TIME CHANGE THE DEPOSITORIES USED FOR
THE FACILITY, BUT SHALL BE REQUIRED TO GIVE TRIBE NOTICE OF MANAGER'S INTENT SO
TO DO NO LESS THAN TWENTY (20) DAYS PREVIOUS TO ANY SUCH CHANGE IN
DEPOSITORIES.
FAILURE OF THE TRIBE TO OBJECT WITHIN SUCH TWENTY (20) DAY NOTICE
SHALL BE DEEMED TO BE APPROVAL OF THE CHANGE IN DEPOSITORIES.
SUCH NOTICE SHALL
CONTAIN A FULL AND COMPLETE STATEMENT OF THE REASON FOR