Manager’s Authority and Responsibility. Manager shall conduct and direct all business and affairs in connection with the day-to-day operation, management and maintenance of the Enterprise and the Facility, including the establishment of operating days and hours. It is the parties' intention that the Enterprise be open 24 hours daily, seven days a week. Manager is hereby granted the necessary power and authority to act, through the General Manager, in order to fulfill all of its responsibilities under this Agreement. Nothing herein grants or is intended to grant Manager a titled interest to the Facility or to the Enterprise. Manager hereby accepts such retention and engagement. The Band shall have the sole proprietary interest in and ultimate responsibility for the conduct of all Gaming conducted by the Enterprise, subject to the rights and responsibilities of Manager under this Agreement.
Manager’s Authority and Responsibility. All business and affairs in connection with the day-to-day operation, management, maintenance and improvement of the Gaming Facility, including the establishment of operating days and hours, consistent with the Tribal Gaming Ordinance, shall be the responsibility of the Manager. The Manager is hereby granted the necessary power and authority to act, through the General Manager, in order to fulfill its responsibilities under this Agreement. The General Manager shall be a person selected by the Manager, subject to the approval of the Tribe, which approval shall not be unreasonably withheld.
Manager’s Authority and Responsibility. Upon and after the Commencement Date, Manager shall conduct and direct all business and affairs in connection with the day-to-day operation, management and maintenance of the Enterprise and the Facility, including the establishment of operating days and hours, subject to the approval of the Business Board, and the duties expressly provided for in Section 4.2 below. It is the parties' intention that the Facility be open twenty-four (24) hours daily, seven (7) days a week. Manager is hereby granted the necessary power and authority to act, through the General Manager, in order to fulfill all of its responsibilities under this Agreement. The Manager also shall be responsible for certain pre-opening activities set forth in Section 4.9 below. Manager hereby accepts such retention and engagement. Nothing herein grants or is intended to grant Manager a titled interest to the Facility or to the Enterprise. The Tribe shall have the sole proprietary interest in and ultimate responsibility for the conduct of all Gaming conducted by the Enterprise, subject to the rights and responsibilities of Manager under this Agreement.
Manager’s Authority and Responsibility. (a) Manager shall conduct and direct all business and affairs in connection with the day-to-day operation, management, maintenance, repair, refurbishment or expansion of the Enterprise and the Facility, including, without limitation, the establishment of operating days and hours. The Manager Employee who shall have the primary responsibility for the day-to-day management of the Enterprise shall be the Enterprise General Manager.
(b) Nothing herein grants or is intended to grant Manager a titled or proprietary interest in or to the Facility or to the Enterprise. The Tribe shall have the sole proprietary interest in and ultimate responsibility for the Enterprise and the conduct of all Commercial Activities conducted by the Enterprise to the extent required by federal law, subject to the rights and responsibilities of Manager under this Agreement and the other Transaction Documents.
(c) In managing, operating, maintaining, repairing, refurbishing, or expanding the Enterprise and the Facility under this Agreement, Manager’s duties shall include, without limitation, the full right and authority, without requiring the consent of the Tribe or the Business Board except as specifically set forth in Section 2.2, to conduct the orderly administration, management and operation of the Facility and the Enterprise, including, without limitation, the following:
(i) the administration of the decorating, cleaning, grounds care and maintenance of the Facility and the Facility’s mechanical, electrical and operating systems;
(ii) the selection, composition, administration and operation of a security force and related security measures, all as more fully described in Section 2.5;
(iii) except as may otherwise be required by the Gaming Commission, the operation and maintenance of the surveillance system (including, without limitation, closed-circuit television) for monitoring the activities of the customers, employees, supervisors and management personnel, as well as the tracking of the movement of all funds into, within and out of the Facility;
(iv) subject to the Annual Budget, the terms, conditions and amount of any insurance to be taken out with respect to the Facility and the Enterprise, all as more fully described in Article 4;
(v) the establishment and administration of an accounting system and financial records relating to all of the operations of the Enterprise and the maintenance of such accounting system and financial records, all as more fully described in Section 2....
Manager’s Authority and Responsibility. (a) Manager shall conduct and direct all business and affairs in connection with the day-to-day operation, management and maintenance of the Enterprise and the Facility, including the establishment of operating days and hours. It is the parties' intention that the Enterprise be open 24 hours daily, seven days a week. Manager is hereby granted the necessary power and authority to act, through the Enterprise's general manager, in order to fulfill all of its responsibilities under this Agreement. Nothing herein grants or is intended to grant Manager a titled interest to the Facility or to the Enterprise. Manager hereby accepts such retention and engagement. The Tribe shall have the sole proprietary interest in and ultimate responsibility for the conduct of all Class III Gaming conducted by the Enterprise, subject to the rights and responsibilities of Manager under this Management Agreement.
(b) In managing, operating, maintaining and repairing the Enterprise and the Facility under this Management Agreement, Manager's duties shall include, without limitation, the following: (i) Manager shall use reasonable measures for the orderly physical administration, management, and operation of the Enterprise and the Facility, including without limitation cleaning, painting, decorating, plumbing, carpeting, grounds care and such other maintenance and repair work as is reasonably necessary; (ii) Manager shall comply with all duly enacted statutes, regulations and ordinances of the Tribe; and (iii) Manager shall comply with all applicable provisions of the Internal Revenue Code including, but not limited to, the prompt filing of any cash transaction reports and W-2G reports that may be required by the Internal Revenue Service of the United States or under the Tribal-State Compact.
Manager’s Authority and Responsibility. Manager shall have the exclusive right and obligation to manage and operate the marine aspects of the Vessel pursuant to the terms of this Agreement, and Manager agrees that it shall establish internal controls and administrative procedures in order to manage and operate the Vessel as a first-class riverboat gaming vessel in full compliance with all state and federal laws, including, but not limited to, U.S. Coast Guard laws and regulations, taking into account the size, location and character of the Vessel. In connection therewith, Manager shall have the authority and responsibility to (i) determine operating policy, standards of operation, quality of service and maintenance requirements of the Vessel; (ii) employ, train and supervise all Maritime Staff and (iii) supervise and direct the purchases of all Maritime Supplies. Owner agrees that it will cooperate reasonably with Manager to permit and assist Manager in carrying out its duties hereunder. The marine aspects of the Vessel shall include the navigation, propulsion, steering, maintenance of hull, superstructure and operating systems and docking means and methods. In no event shall Manager have any authority or responsibility for the casino gaming aspects of the Vessel which means the casino, dockside, food and beverage services, and retail gift shop.
Manager’s Authority and Responsibility. During the Term, Manager shall have the exclusive authority to, and Manager shall, conduct and direct all business and affairs in connection with the day-to-day operation, management and maintenance of the Businesses, except with respect to matters that, pursuant to the express provisions of this Agreement require the approval of the Management Board or the Tribe. Without limitation of the foregoing, the Manager shall establish the operating days and hours for the Businesses; provided that it is the Parties’ intention that Gaming be conducted on days and hours to the maximum extent permitted under the Compact. Manager is hereby granted the necessary power and authority to act in order to fulfill all of its responsibilities under this Agreement. Nothing herein grants or is intended to grant Manager a titled interest to the Businesses. The Tribe shall have the sole proprietary interest in all Gaming, subject to the rights and responsibilities of Manager under this Agreement.
Manager’s Authority and Responsibility. All business and affairs in connection with the day-to-day operation, management, maintenance and improvement of the Enterprise and the Facility, including the establishment of operating days and hours, consistent with the Tribal Gaming Ordinance, shall be the responsibility of the Manager. The Manager is hereby granted the necessary power and authority to act, through the General Manager, in order to fulfill its responsibilities under this Agreement. The General Manager shall be a person selected by the Manager, subject to the approval of the Tribe, which approval shall not be unreasonably withheld.
Manager’s Authority and Responsibility. The Manager shall conduct and direct all business and affairs in connection with the operation, management and maintenance of the Enterprise and the Facility, and shall have the responsibility for paying the bills and expenses of the Enterprise as Operating Expenses, on behalf of the Company out of the Company’s accounts. The Manager is hereby granted the necessary power and authority to act in order to fulfill all of its responsibilities under this Agreement. The Manager hereby accepts such retention and engagement. Nothing herein grants or is intended to grant the Manager any interest in or to the Facility or the Enterprise. The Company shall have the sole proprietary interest in and ultimate responsibility for the conduct of all Gaming conducted by the Enterprise, subject to the rights and responsibilities of the Manager under this Agreement.
Manager’s Authority and Responsibility. During the Term, the Manager, as agent for and on behalf of Casino Tenant, will have the exclusive authority to, and the Manager will, conduct and direct all business and affairs in connection with the Gaming Operations in accordance with the Standards, the Operating Budget and the Annual Plan and the Capital Budget, except with respect to matters that, pursuant to the express provisions of this Agreement, are the responsibility of the Casino Tenant. The Manager is hereby granted the necessary power and authority to act in order to fulfill all of its responsibilities under this Agreement. All duties to be performed by Manager under this Agreement will be funded from operating capital to be provided by Casino Tenant, and none of such duties are to be performed at the Manager’s expense. Manager shall at all times act with the standard of skill, care and expertise that would be customary and reasonably expected from a prudent manager of comparable casinos, and Manager shall cause the Casino Premises to be operated, serviced, maintained, furnished, equipped and refurbished in a manner reasonably expected to enhance over the Term the financial performance of the Gaming Operations. This Agreement shall not be deemed at any time to be an interest in real estate or a lien or security interest of any nature against the Resort, the Casino Premises or any other land used in connection with the Resort, the Casino Premises, or any equipment, fixtures, inventory, motor vehicles, contracts, documents, accounts, notes, drafts, acceptances, instruments, chattel paper, general intangibles, or other personal property now existing or that may hereafter be acquired or entered into with respect to the Resort, the Casino Premises or the operation thereof.
