Management Limitations. Notwithstanding any provision in this Agreement or any other agreements between the parties, or any other right to enforce the provisions of this Agreement or such other agreements, the City shall not engage in any of the following: planning, organizing, directing, coordinating, or controlling all or any portion of the Tribe’s gaming operations (collectively, “Management Activities”), including:
(a) the training, supervision, direction, hiring, firing, retention, compensation (including benefits) of any employee (whether or not a management employee) or contractor;
(b) any working or employment policies or practices;
(c) the hours or days of operation;
(d) any accounting systems or procedures;
(e) any advertising, promotions or other marketing activities;
(f) the purchase, lease, or substitution of any gaming device or related equipment or software, including player tracking equipment;
(g) the vendor, type, theme, percentage of pay-out, display or place or placement of any gaming device or equipment; or
(h) budgeting, allocating, or conditioning payments of the Borrower’s operating expenses; provided however, that upon the occurrence of a default by the Tribe, the City will not be in violation of the foregoing restrictions solely because the City:
(a) enforces compliance with any term in this Agreement or such other agreements between the parties that does not require the gaming operations to be subject to any third-party decision-making as to any Management Activities; or
(b) requires that all or any portion of any revenues of the gaming operations be applied to satisfy valid terms of this Agreement or such other agreements between the parties; or
(c) otherwise forecloses on all or any portion of any collateral securing the Tribe’s obligations under this Agreement or such other agreements between the parties. NOTWITHSTANDING ANY OTHER POSSIBLE CONSTRUCTION OF ANY PROVISION(S) CONTAINED IN THIS AGREEMENT OR IN ANY OTHER AGREEMENT BETWEEN THE PARTIES, THE PARTIES HERETO AGREE THAT WITHIN THE MEANING OF IGRA:
(A) THIS AGREEMENT AND SUCH OTHER AGREEMENTS, INDIVIDUALLY AND COLLECTIVELY, DO NOT AND SHALL NOT PROVIDE FOR THE MANAGEMENT OF ALL OR ANY PART OF THE TRIBE’S GAMING OPERATIONS BY ANY PERSON OTHER THAN THE TRIBE OR DEPRIVE THE TRIBE OF THE SOLE PROPRIETARY INTEREST AND RESPONSIBILITY FOR THE CONDUCT OF THE TRIBE’S GAMING OPERATIONS; AND (B) NEITHER THE CITY NOR ANY OF ITS AGENTS, EMPLOYEES, OFFICERS OR OTHER REPRESENTATIVES WILL EXERCISE ANY REMEDY OR O...
Management Limitations. 35.1. Management will not carry out the duties or tasks of a Service Technician covered by this Agreement, including carrying out service calls, as a predominant part of their role.
35.2. Where a requirement arises such that it is necessary for management to carry out an ad hoc task ordinarily performed by a Service Technician, the Manager will notify the relevant Union Delegate in the first instance (or is not contactable, another Service Technician) as soon as reasonably practicable of such a requirement.
