Common use of Gaming Device Approval Clause in Contracts

Gaming Device Approval. (a) No Gaming Device may be offered for play unless all of the following occurs: (1) The manufacturer or distributor that sells, leases, or distributes such Gaming Device (i) has applied for a determination of suitability by the State Gaming Agency at least fifteen (15) days before it is offered for play, (ii) has not been found to be unsuitable by the State Gaming Agency, and (iii) has been licensed by the Tribal Gaming Agency; (2) The software for the game authorized for play on the Gaming Device has been tested, approved and certified by an independent gaming test laboratory or state or national governmental gaming test laboratory (Gaming Test Laboratory) as operating in accordance with the applicable technical standards in effect as of the effective date of this Compact, or such other technical standards as the State Gaming Agency and the Tribal Gaming Agency shall agree upon (Technical Standards), which agreement shall not be unreasonably withheld; (3) A copy of the certification by the Gaming Test Laboratory, specified in subdivision (a)(2), is provided to the State Gaming Agency by electronic transmission or by mail, unless the State Gaming Agency waives receipt of copies of the certification; (4) The software for the game authorized for play on the Gaming Device is tested by the Tribal Gaming Agency to ensure each game authorized for play on the Gaming Device has the correct electronic signature prior to operation of the Gaming Device by the public; (5) The hardware and associated equipment for each type of Gaming Device has been tested by the Gaming Test Laboratory prior to operation by the public to ensure operation in accordance with the applicable Gaming Test Laboratory standards; and (6) The hardware and associated equipment for the Gaming Device has been verified or tested by the Tribal Gaming Agency to ensure operation in accordance with the manufacturer’s specifications. (b) If either the Tribal Gaming Agency or the State Gaming Agency requests new standards for testing, approval, and certification of the software for the game authorized for play on the Gaming Device pursuant to subdivision (a)(2), the party requesting the new standards shall provide the other party with a detailed explanation of the reason(s) for the request. If the party to which the request is made disagrees with the request, the State Gaming Agency and the Tribal Gaming Agency shall meet and confer in a good-faith effort to resolve the disagreement, which meeting and conferring shall include consultation with an independent Gaming Test Laboratory. If the disagreement is not resolved within one hundred twenty (120) days after the initial meeting between the regulators to discuss the matter, either party may submit the matter to dispute resolution under section 13.0 of this Compact.

Gaming Device Approval. (a) No Gaming Device may be offered for play unless all of the following occurs: (1) The manufacturer or distributor that which sells, leases, or distributes such Gaming Device (iA) has applied for a determination of suitability by the State Gaming Agency at least fifteen (15) days before it is offered for play, (iiB) has not been found to be unsuitable by the State Gaming Agency, and (iiiC) has been licensed by the Tribal Gaming Agency; (2) The software for the game authorized for play on the Gaming Device has been tested, approved and certified by an independent gaming test laboratory or state or national governmental gaming test laboratory (the “Gaming Test Laboratory”) as operating in accordance with either the applicable standards of Gaming Laboratories International, Inc. known as GLI-11, GLI-12, GLI-21, and GLI-26, or the technical standards in effect as approved by the State of the effective date of this CompactNevada, or such other technical standards as the State Gaming Agency and the Tribal Gaming Agency shall agree upon (Technical Standards)upon, which agreement shall not be unreasonably withheld; (3) A copy of the certification by the Gaming Test Laboratory, specified in subdivision (a)(2), is provided to the State Gaming Agency by electronic transmission or by mail, unless the State Gaming Agency waives receipt of copies of the certification; (4) The software for the game authorized for play on the Gaming Device is tested by the Tribal Gaming Agency to ensure that each game authorized for play on the Gaming Device has the correct electronic signature prior to operation of insertion into the Gaming Device by the publicDevice; (5) The hardware and associated equipment for each type of the Gaming Device has been tested by the Gaming Test Laboratory prior to operation by the public to ensure operation in accordance with the applicable Gaming Test Laboratory standards; and; (6) The hardware and associated equipment for the Gaming Device has been verified or tested by the Tribal Gaming Agency to ensure operation in accordance with the manufacturer’s specifications; and (7) The Tribal Gaming Agency maintains adequate records that demonstrate compliance with this subdivision (a). (b) If Where either the Tribal Gaming Agency Tribe or the State Gaming Agency requests new standards for testing, approval, and certification of the software for the game authorized for play on the Gaming Device pursuant to subdivision (a)(2), the party requesting the new standards shall provide the other party with a detailed explanation of the reason(s) for the request. If the party to which the request is made disagrees with the request, and the State Gaming Agency and the Tribal Gaming Agency shall meet and confer in a good-faith effort Tribe fail to resolve the disagreement, which meeting and conferring shall include consultation with an independent Gaming Test Laboratory. If the disagreement is not resolved agree to new standards within one hundred twenty (120) days after of the initial meeting between request, the regulators to discuss technical standards shall be those approved by the matter, either party may submit the matter to dispute resolution under section 13.0 State of this CompactNevada.