Common use of Minimum Internal Control Standards (MICS) Clause in Contracts

Minimum Internal Control Standards (MICS). (a) The Tribe shall conduct its Gaming Activities pursuant to an internal control system that implements minimum internal control standards for Class III Gaming that are no less stringent than those contained in the Minimum Internal Control Standards of the NIGC (25 C.F.R. § 542), as they existed on October 20, 2006, and as they have been or may be amended from time to time, without regard to the NIGC’s authority to promulgate, enforce, or audit the standards. These standards are posted on the State Gaming Agency website(s) and are referred to herein as the “Compact MICS.” This requirement is met through compliance with the provisions set forth in this section and sections 9.1 and 9.2, or in the alternative, by compliance with the Commission’s Uniform Statewide Tribal Gaming Regulation CGCC- 8, as it exists currently and as it may hereafter be amended. (b) In the event the Commission’s Uniform Statewide Tribal Gaming Regulation CGCC-8 is rescinded or otherwise ceases to exist, or if the NIGC withdraws its regulations at 25 C.F.R. § 542, the Compact MICS, as they may be amended from time to time, shall continue to serve as the minimum internal control standards for the purposes of this Compact. Any change, modification, or amendment thereto shall be effected by action of the Tribal-State Association. (c) The minimum internal control standards set forth in the Compact MICS shall apply to all Gaming Activities, Gaming Facilities, and the Gaming Operation; however, the Compact MICS are not applicable to any class II gaming activities. Should the terms in the Compact MICS be inconsistent with this Compact, the terms in this Compact shall prevail.

Minimum Internal Control Standards (MICS). (a) The Tribe shall conduct its Gaming Activities pursuant to an internal control system that implements minimum internal control standards for Class III Gaming that are no less stringent than those contained in the Minimum Internal Control Standards of the NIGC (25 C.F.R. § 542), as they existed on October 20, 2006, and as they have been or may be amended from time to time, without regard to the NIGC’s authority to promulgate, enforce, or audit the standards. These standards are posted on the State Gaming Agency website(s) and are referred to herein as the “Compact MICS.” This requirement is met through compliance with the provisions set forth in this section and sections 9.1 and 9.2, or in the alternative, by compliance with the Commission’s Uniform Statewide Tribal Gaming Regulation CGCC- 8, as it exists currently and as it may hereafter be amended. (b) In the event the Commission’s Uniform Statewide Tribal Gaming Regulation CGCC-8 is rescinded or otherwise ceases to exist, or if the NIGC withdraws its regulations at 25 C.F.R. § 542, the Compact MICS, as they may be amended from time to time, shall continue to serve as the minimum internal control standards for the purposes of this Compact. Any change, modification, or amendment thereto shall be effected by action of the Tribal-State Association. (c) The minimum internal control standards set forth in the Compact MICS shall apply to all Gaming Activities, Gaming Facilities, Facilities and the Gaming Operation; however, the Compact MICS are not applicable to any class II gaming activities. Should the terms in the Compact MICS be inconsistent with this Compact, the terms in this Compact shall prevail.

Minimum Internal Control Standards (MICS). (a) The Tribe shall conduct its Gaming Activities pursuant to an internal control system that implements minimum internal control standards for Class III Gaming that are no less stringent than those contained in the Minimum Internal Control Standards of the NIGC (25 C.F.R. § 542), as they existed on October 20, 2006, and as they have been or may be amended from time to time, without regard to the NIGC’s authority to promulgate, enforce, or audit the standards. These standards are posted on the State Gaming Agency website(s) and are referred to herein as the “Compact MICS.” This requirement is met through compliance with the provisions set forth in this section and sections 9.1 and 9.2, or in the alternative, by compliance with the Commission’s Uniform Statewide Tribal Gaming Regulation CGCC- 8CGCC-8, as it exists currently and as it may hereafter be amendedamended from time to time. (b) In the event the Commission’s Uniform Statewide Tribal Gaming Regulation CGCC-8 is rescinded or otherwise ceases to exist, or if the NIGC withdraws its regulations at 25 C.F.R. § 542, the Compact MICS, as they may be amended from time to time, shall continue to serve as the minimum internal control standards for the purposes of this Compact. Any change, modification, or amendment thereto shall be effected by action of the Tribal-State Association. (c) The minimum internal control standards set forth in the Compact MICS shall apply to all Gaming Activities, Gaming Facilities, and the Gaming Operation; however, the Compact MICS are not applicable to any class II gaming activities. Should the terms in the Compact MICS be inconsistent with this Compact, the terms in this Compact shall prevail. (d) The Tribal Gaming Agency shall provide the State Gaming Agency with a copy of the “Agreed-Upon Procedures” report prepared annually pursuant to 25 C.F.R. § 542.3(f) of the Compact MICS, as they may be revised. The Agreed-Upon Procedures report shall be prepared by an independent auditor, who for the purposes of this section, shall be a certified public accountant licensed in the State of California to practice as an independent certified public accountant or who holds a California practice privilege, as provided in the California Accountancy Act, California Business and Professions Code section 5000 et seq., who is not employed by the Tribe, the Tribal Gaming Agency, the Management Contractor, or the Gaming Operation, has no financial interest in any of these entities, and is only otherwise retained by any of these entities to conduct regulatory audits, independent audits of the Gaming Operation, or audits under this section. The independent auditor shall perform the Agreed-Upon Procedures in accordance with 25 C.F.R. § 542.3(f) of the Compact MICS, as they may be revised. The independent auditor shall issue a report of its findings to the Tribal Gaming Agency within one hundred twenty (120) days after the Gaming Operation’s fiscal year end. Promptly upon receipt of the Agreed-Upon Procedures report, and in no event later than fifteen (15) days after receipt of the report, the Tribal Gaming Agency shall provide a complete copy of the Agreed-Upon Procedures report to the State Gaming Agency, along with a copy of any supporting reports or documents the independent auditor has prepared, and any replies the Tribe has prepared in response to the independent certified public accountant’s report.

Minimum Internal Control Standards (MICS). (a) The Tribe shall conduct its Gaming Activities pursuant to an internal control system that implements minimum internal control standards for Class III Gaming that are no less stringent than those contained in the Minimum Internal Control Standards of the NIGC (25 C.F.R. § 542), as they existed on October 2010, 20062008, and as they have been or may be amended from time to time, without regard to the NIGC’s authority to promulgate, enforce, or audit the standards. These standards are posted on the State Gaming Agency website(s) and are referred to herein as the “Compact MICS.” This requirement is met through compliance with the provisions set forth in this section and in sections 9.1 and 9.2, 9.2 or in the alternative, alternative by compliance with the Commission’s Uniform Statewide Tribal Gaming Regulation CGCC- 8state-wide uniform regulation CGCC-8, as it exists currently and as it may hereafter be amendedamended from time to time. (b) In the event the Commission’s Uniform Statewide Tribal Gaming Regulation CGCC-8 is rescinded or otherwise ceases to exist, or if the NIGC withdraws its regulations regulation at 25 C.F.R. § 542, the Compact MICSMinimum Internal Control Standards of the NIGC as they existed on October 10, 2008, and as they may be amended from time to time, shall continue to serve as the minimum internal control standards Minimum Internal Control Standards for the purposes of this Compact. Any change, modification, or amendment thereto shall be effected by action of the Tribal-State Association. (c) The minimum internal control standards set forth in the Compact MICS shall apply to all Gaming Activities, Gaming Facilities, Facilities and the Gaming Operation; however, the Compact MICS are not applicable to any class II gaming activities. Should the terms in the Compact MICS be inconsistent with this Compact, the terms in this Compact shall prevail.

Minimum Internal Control Standards (MICS). (a) The Tribe shall conduct its Gaming Activities pursuant to an internal control system that implements minimum internal control standards for Class III Gaming that are no less stringent than those contained in the Minimum Internal Control Standards of the NIGC (25 C.F.R. § 542), as they existed on October 2010, 20062008, and as they have been or may thereafter be amended from time to timeamended, without regard to the NIGC’s authority to promulgate, enforce, or audit the standards. These standards are posted on the State Gaming Agency website(s) and are referred to herein as the “Compact MICS.” This requirement is met through compliance with the provisions set forth in this section and sections in section 9.1 and 9.2, or in the alternative, alternative by compliance with the Commission’s Uniform Statewide Tribal Gaming Regulation CGCC- 8statewide uniform regulation CGCC-8, as it exists currently and as it may hereafter be amended. (b) In the event the Commission’s Uniform Statewide Tribal Gaming Regulation CGCC-8 is rescinded or otherwise ceases to exist, or if the NIGC withdraws its regulations regulation at 25 C.F.R. § 542, the Compact MICS, Minimum Internal Control Standards of the NIGC as they may be amended from time to timeexisted on October 10, 2008 shall continue to serve as the minimum internal control standards Minimum Internal Control Standards for the purposes of this Compact. Any change, modification, or amendment thereto shall be effected by action of the Tribal-State Association. (c) The minimum internal control standards set forth in the Compact MICS shall apply to all Gaming Activities, Gaming Facilities, Facilities and the Gaming Operation; however, the Compact MICS are not applicable to any class II gaming activities. Should the terms in the Compact MICS be inconsistent with this Compact, the terms in this Compact shall prevail.

Minimum Internal Control Standards (MICS). (a) The Tribe shall conduct its Gaming Activities pursuant to an internal control system that implements minimum internal control standards for Class III Gaming that are no less stringent than those contained in the Minimum Internal Control Standards of the NIGC (25 C.F.R. § 542), as they existed on October 20, 2006, and as they have been or may be amended from time to time, without regard to the NIGC’s authority to promulgate, enforce, or audit the standards. These standards are posted on the State Gaming Agency website(s) and are referred to herein as the “Compact MICS.” This requirement is met through compliance with the provisions set forth in this section and sections 9.1 and 9.2, or in the alternative, by compliance with the Commission’s Uniform Statewide Tribal Gaming Regulation CGCC- 8, as it exists currently and as it may hereafter be amendedamended from time to time. (b) In the event the Commission’s Uniform Statewide Tribal Gaming Regulation CGCC-8 is rescinded or otherwise ceases to exist, or if the NIGC withdraws its regulations at 25 C.F.R. § 542, the Compact MICS, as they may be amended from time to time, shall continue to serve as the minimum internal control standards for the purposes of this Compact. Any change, modification, or amendment thereto shall be effected by action of the Tribal-State Association. (c) The minimum internal control standards set forth in the Compact MICS shall apply to all Gaming Activities, Gaming Facilities, and the Gaming Operation; however, the Compact MICS are not applicable to any class II gaming activities. Should the terms in the Compact MICS be inconsistent with this Compact, the terms in this Compact shall prevail. (d) The Tribal Gaming Agency shall provide the State Gaming Agency with a copy of the “Agreed-Upon Procedures” report prepared annually pursuant to 25 C.F.R. § 542.3(f) of the Compact MICS, as they may be revised. The Agreed-Upon Procedures report shall be prepared by an independent auditor, who for the purposes of this section, shall be a certified public accountant licensed in the State of California to practice as an independent certified public accountant or who holds a California practice privilege, as provided in the California Accountancy Act, California Business and Professions Code section 5000 et seq., who is not employed by the Tribe, the Tribal Gaming Agency, the Management Contractor, or the Gaming Operation, has no financial interest in any of these entities, and is only otherwise retained by any of these entities to conduct regulatory audits, independent audits of the Gaming Operation, or audits under this section. The independent auditor shall perform the Agreed-Upon Procedures in accordance with 25 C.F.R. § 542.3(f) of the Compact MICS, as they may be revised. The independent auditor shall issue a report of its findings to the Tribal Gaming Agency within one hundred twenty (120) days after the Gaming Operation’s fiscal year end. Promptly upon receipt of the Agreed-Upon Procedures report, and in no event later than fifteen (15) days after receipt of the report, the Tribal Gaming Agency shall provide a complete copy of the Agreed- Upon Procedures report to the State Gaming Agency, along with a copy of any supporting reports or documents the independent auditor has prepared, and any replies the Tribe has prepared in response to the independent certified public accountant’s report.