SUCH ACTION RENDERS IT
UNLAWFUL FOR EMPLOYEE TO PERFORM IN THE CAPACITY SET FORTH IN THIS AGREEMENT, OR
IF ANY EVENT RENDERS IT UNLAWFUL FOR THE NATION AND/OR THE COMPANY TO CONTINUE
TO CONDUCT CASINO GAMING ON NATION TERRITORY.
FOR PURPOSES OF THIS AGREEMENT,
"NATION TERRITORY" SHALL INCLUDE CURRENT OR FUTURE NATION TERRITORY WHERE THE
COMPANY CONDUCTS OR WILL CONDUCT ITS GAMING OPERATIONS AS OF THE DATE EMPLOYEE'S
EMPLOYMENT IS TERMINATED;
(II)
UPON REVOCATION OR DISAPPROVAL OF SUCH
LICENSES FOR EMPLOYEE AS ARE REQUIRED PURSUANT TO THE COMPACT AND/OR BY THE
NATION'S OR THE COMPANY'S GAMING ORDINANCES;
(III)
EMPLOYEE SHALL COMMIT AN ACT CONSTITUTING
"CAUSE," WHICH IS DEFINED TO MEAN:
(A)
AN ACT OF DISHONESTY BY EMPLOYEE INTENDED
TO RESULT IN GAIN OR PERSONAL ENRICHMENT OF EMPLOYEE OR OTHERS AT THE EXPENSE OF
THE COMPANY OR ANY OF ITS AFFILIATES;
(B)
THE DELIBERATE AND INTENTIONAL REFUSAL BY
EMPLOYEE (EXCEPT BY REASON OF DISABILITY) TO PERFORM EMPLOYEE'S DUTIES
HEREUNDER;
(C)
ACTS OR OMISSIONS OF EMPLOYEE CONSTITUTING
GROSS NEGLIGENCE IN THE PERFORMANCE OF EMPLOYEE'S DUTIES HEREUNDER; OR
(d)
failure to perform any material term or
condition of this Agreement after written notice thereof from Company and a
reasonable opportunity to cure such failure (as determined by Company and
specified in the notice of breach).
(IV)
EMPLOYEE SHALL DIE OR THE COMPANY SHALL FOR
ANY REASON WITHIN THE COMPANY'S OR THE NATION'S CONTROL PERMANENTLY CEASE TO
CONDUCT CASINO GAMING ON NATION TERRITORY; OR
(V)
EMPLOYEE SHALL BECOME UNABLE TO PERFORM THE
DUTIES AND RESPONSIBILITIES SET FORTH IN THIS AGREEMENT FOR A PERIOD OF 180 DAYS
IN ANY 365 DAY PERIOD BY REASON OF LONG-TERM PHYSICAL OR MENTAL DISABILITY.
2
B.
IF EMPLOYEE'S EMPLOYMENT SHOULD BE
TERMINATED UNDER PARAGRAPH 4A ABOVE, THEN THE COMPANY SHALL AS SOON AS
ADMINISTRATIVELY FEASIBLE FOLLOWING TERMINATION PAY EMPLOYEE (OR EMPLOYEE'S
ESTATE, IF APPLICABLE) THE BASE COMPENSATION EARNED THROUGH THE DATE EMPLOYEE IS
TERMINATED, WHEREUPON THE COMPANY SHALL HAVE NO FURTHER LIABILITY OR OBLIGATION
TO EMPLOYEE UNDER THIS AGREEMENT OR OTHERWISE.
C.
IF EMPLOYEE'S EMPLOYMENT SHOULD BE
TERMINATED BY THE COMPANY FOR ANY REASON OTHER THAN THOSE SPECIFIED IN PARAGRAPH
4A ABOVE (IT BEING UNDERSTOOD THAT A PURPORTED TERMINATION FOR CAUSE WHICH IS
CONTESTED BY EMPLOYEE AND FINALLY DETERMINED NOT TO HAVE BEEN PROPER SHALL BE
TREATED AS A TERMINATION UNDER THIS PARAGRAPH 4C) OR PARAGRAPH 4D BELOW, THEN
THE COMPANY SHALL: (I) AS SOON AS ADMINISTRATIVELY FEASIBLE, PAY EMPLOYEE HIS OR
HER BASE COMPENSATION EARNED, BUT UNPAID, THROUGH THE DATE EMPLOYEE IS
TERMINATED, AND (II) AS SOON AS ADMINISTRATIVELY FEASIBLE FOLLOWING THE
APPLICABLE REVOCATION PERIOD SET FORTH IN THE GENERAL RELEASE OF CLAIMS
CONTEMPLATED IN PARAGRAPH 4E BELOW AND PROVIDED EMPLOYEE DOES NOT REVOKE THE
GENERAL RELEASE OR BREACH ANY PROVISION IN SECTION 5 OF THIS AGREEMENT FOLLOWING
EMPLOYEE'S TERMINATION, IN WHICH CASE ALL PAYMENTS UNDER THIS CLAUSE (II) SHALL
CEASE, CONTINUE TO PAY EMPLOYEE HIS OR HER BASE COMPENSATION IN EFFECT AS OF THE
DATE OF TERMINATION FOR A PERIOD EQUAL TO THE LESSER OF SIX