Common use of Testing of Gaming Devices Clause in Contracts

Testing of Gaming Devices. (a) No Gaming Device may be offered for play unless: (i) The manufacturer or distributor which sells, leases, or distributes such Gaming Device (A) has applied for a determination of suitability by the State Gaming Agency at least fifteen (15) days before it is offered for play, (B) has not been found to be unsuitable by the State Gaming Agency, and (C) has been licensed by the Tribal Gaming Agency; and (ii) The software for the game authorized for play on the Gaming Device has been tested, approved and certified by an independent or state governmental gaming test laboratory (the “Gaming Test Laboratory”) as operating in accordance with either the standards of Gaming Laboratories International, Inc. known as GLI-11 and GLI-12, or the technical standards approved by the State of Nevada, or such other technical standards as the State Gaming Agency and the Tribal Gaming Agency shall agree upon, which agreement shall not be unreasonably withheld, and a copy of the certification is provided to the State Gaming Agency by electronic transmission or by mail unless the State Gaming Agency waives in writing receipt of copies of certification; and (iii) 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 insertion into the Gaming Device; and (iv) The hardware and associated equipment for each type of Gaming Device has been tested by the Gaming Test Laboratory to ensure operation in accordance with the manufacturer’s specifications. (v) The hardware and associated equipment for each Gaming Device has been tested by the Tribal Gaming Agency to ensure operation in accordance with the manufacturer’s specifications. (b) The Gaming Test Laboratory shall be an independent or state governmental gaming test laboratory recognized in the gaming industry which (i) is competent and qualified to conduct scientific tests and evaluations of Gaming Devices, and (ii) is licensed or approved by any of the following states: Arizona, California, Colorado, Illinois, Indiana, Iowa, Michigan, Missouri, Nevada, New Jersey, or Wisconsin. The Tribal Gaming Agency shall submit to the State Gaming Agency documentation that demonstrates the Gaming Test Laboratory satisfies (i) and (ii) herein within thirty (30) days of the effective date of this Amended Compact, or if such use follows the effective date, within fifteen (15) days prior to reliance thereon. If, at any time, the Gaming Test Laboratory license and/or approval required by (ii) herein is suspended or revoked by any of those states or the Gaming Test Laboratory is found unsuitable by the State Gaming Agency, then the State Gaming Agency may reject the use of the Gaming Test Laboratory, and upon such rejection, the Tribal Gaming Agency shall ensure that the Gaming Test Laboratory discontinues its responsibilities under this Section. (c) The State Gaming Agency may inspect the Gaming Devices in operation at a Gaming Facility on a random basis four (4) times annually to confirm that they operate and play properly pursuant to the manufacturer’s technical standards. During each random inspection, the State Gaming Agency shall inspect no more than five percent (5%) of the Gaming Devices in operation at the Gaming Facility and shall not remove a Gaming Device from service, except during inspection or testing, or from the Gaming Facility at any time, unless it obtains the concurrence of the Tribal Gaming Agency, which shall not be unreasonably withheld. The random inspections conducted pursuant to this subdivision shall occur during normal business hours from 7 a.m. to 5 p.m. outside of Fridays, weekends, and holidays. The State Gaming Agency shall provide notice to the Tribal Gaming Agency of such inspection prior to the commencement of the random inspection, and the Tribal Gaming Agency may accompany the State Gaming Agency inspector(s) during the inspection of the Gaming Devices. The State Gaming Agency may conduct additional inspections only upon reasonable belief of any irregularity and after informing the Tribal Gaming Agency of the basis for such belief. (d) The State Gaming Agency may review at a Gaming Facility during normal business hours the Tribe’s technical standards, regulations and internal controls applicable to the Tribe’s Gaming Devices. The Tribal Gaming Agency shall notify the State Gaming Agency of, and make available for review by the State Gaming Agency, any revisions to the Tribe’s technical standards, manuals, regulations and/or internal controls for the Tribe’s Gaming Devices. The notice shall be made at least thirty (30) days before the effective date of such revisions. Upon request by the State Gaming Agency, the Tribal Gaming Agency shall provide copies of specified portions of the technical standards, manuals, regulations and internal controls to the State Gaming Agency. (e) For purposes of this Section 7.5, the State Gaming Agency shall be the California Gambling Control Commission, unless the State provides otherwise by written notice pursuant to Section 13.0.

Appears in 2 contracts

Samples: Tribal State Compact, Tribal State Compact

AutoNDA by SimpleDocs

Testing of Gaming Devices. (a) No Gaming Device may be offered for play unless: (i) The manufacturer or distributor which sells, leases, or distributes such Gaming Device (A) has applied for a determination of suitability by the State Gaming Agency at least fifteen (15) days before it is offered for play, (B) has not been found to be unsuitable by the State Gaming Agency, and (C) has been licensed by the Tribal Gaming Agency; and (ii) The software for the game authorized for play on the Gaming Device has been tested, approved and certified by an independent or state governmental gaming test laboratory (the “Gaming Test Laboratory”) as operating in accordance with either the standards of Gaming Laboratories International, Inc. known as GLI-11 and GLI-12, or the technical standards approved by the State of Nevada, or such other technical standards as the State Gaming Agency and the Tribal Gaming Agency shall agree upon, which agreement shall not be unreasonably withheld, and a copy of the certification is provided to the State Gaming Agency by electronic transmission or by mail unless the State Gaming Agency waives in writing receipt of copies of certification; and (iii) 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 insertion into the Gaming Device; and (iv) The hardware and associated equipment for each type of Gaming Device has been tested by the Gaming Test Laboratory to ensure operation in accordance with the manufacturer’s specifications. (v) The hardware and associated equipment for each Gaming Device has been tested by the Tribal Gaming Agency to ensure operation in accordance with the manufacturer’s specifications. (b) The Gaming Test Laboratory shall be an independent or state governmental gaming test laboratory recognized in the gaming industry which which (i) is competent and qualified to conduct scientific tests and evaluations of Gaming Devices, and (ii) is licensed or approved by any of the following states: Arizona, California, Colorado, Illinois, Indiana, Iowa, Michigan, Missouri, Nevada, New Jersey, or Wisconsin. The Tribal Gaming Agency shall submit to the State Gaming Agency documentation that demonstrates the Gaming Test Laboratory satisfies (i) and (ii) herein within thirty (30) days of the effective date of this Amended Compact, or if such use follows the effective date, within fifteen (15) days prior to reliance thereon. If, at any time, the Gaming Test Laboratory license and/or approval required by (ii) herein is suspended or revoked by any of those states or the Gaming Test Laboratory is found unsuitable by the State Gaming Agency, then the State Gaming Agency may reject the use of the Gaming Test Laboratory, and upon such rejection, the Tribal Gaming Agency shall ensure that the Gaming Test Laboratory discontinues its responsibilities under this Section. (c) The State Gaming Agency may inspect the Gaming Devices in operation at a Gaming Facility on a random basis four (4) times annually to confirm that they operate and play properly pursuant to the manufacturer’s technical standards. During each random inspection, the State Gaming Agency shall inspect no more than five percent (5%) of the Gaming Devices in operation at the Gaming Facility and shall not remove a Gaming Device from service, except during inspection or testing, or from the Gaming Facility at any time, unless it obtains the concurrence of the Tribal Gaming Agency, which shall not be unreasonably withheld. The random inspections conducted pursuant to this subdivision shall occur during normal business hours from 7 a.m. to 5 p.m. outside of Fridays, weekends, and holidays. The State Gaming Agency shall provide notice to the Tribal Gaming Agency of such inspection prior to the commencement of the random inspection, and a member of the Tribal Gaming Agency may shall accompany the State Gaming Agency inspector(s) during the inspection of the Gaming Devices. The Tribal Gaming Agency shall require a member to be available at all times for those purposes. Failure of the Tribal Gaming Agency to make a member available for purposes of the inspection shall be deemed to be a breach of this Amended Compact. The State Gaming Agency may conduct additional inspections only upon reasonable belief of any irregularity and after informing the Tribal Gaming Agency of the basis for such belief. (d) The State Gaming Agency may review at a Gaming Facility during normal business hours the Tribe’s technical standards, regulations and internal controls applicable to the Tribe’s Gaming Devices. The Tribal Gaming Agency shall notify the State Gaming Agency of, and make available for review by the State Gaming Agency, any revisions to the Tribe’s technical standards, manuals, regulations and/or internal controls for the Tribe’s Gaming Devices. The notice shall be made at least thirty (30) days before the effective date of such revisions. Upon request by the State Gaming Agency, the Tribal Gaming Agency shall provide copies of specified portions of the technical standards, manuals, regulations and internal controls to the State Gaming Agency. (e) For purposes of this Section 7.5, the State Gaming Agency shall be the California Gambling Control Commission, unless the State provides otherwise by written notice pursuant to Section 13.0.

Appears in 1 contract

Samples: Tribal State Gaming Compact

Testing of Gaming Devices. (a) No Gaming Device may be offered for play unlessunless all of the following occurs: (i) The manufacturer or distributor which sells, leases, or distributes such Gaming Device (A) has applied for a determination of suitability by the State Gaming Agency at least fifteen (15) days before it is offered for play, (B) has not been found to be unsuitable by the State Gaming Agency, and (C) has been licensed by the Tribal Gaming Agency; and (ii) The software for the game authorized for play on the Gaming Device has been tested, approved and certified by an independent or state governmental gaming test laboratory (the “Gaming Test Laboratory”) as operating in accordance with either the standards of Gaming Laboratories International, Inc. known as GLI-11 GLI-11, GLI- 12, and GLI-12GLI-21, or the technical standards approved by the State of Nevada, or such other technical standards as the State Gaming Agency and the Tribal Gaming Agency shall agree upon, which agreement shall not be unreasonably withheld, and a copy of the certification is provided to the State Gaming Agency by electronic transmission or by mail unless the State Gaming Agency waives in writing receipt of copies of certification; and (iii) The software for the game authorized for play on the Gaming Device is tested by the Tribal Gaming Agency or a Gaming Test Laboratory appointed by the Tribal Gaming Agency that is not the same laboratory that was used for the certification required pursuant to subdivision (a)(ii) to ensure that each game authorized for play on the Gaming Device has the correct electronic signature prior to insertion into the Gaming Devicebeing opened for play by patrons; and (iv) The hardware and associated equipment for each type of Gaming Device has been tested by the Gaming Test Laboratory to ensure operation in accordance with the manufacturer’s specifications.applicable Gaming Test Laboratory standards; and (v) The hardware and associated equipment for each Gaming Device has been tested by the Tribal Gaming Agency prior to operation by the public to ensure operation in accordance with the manufacturer’s specifications; and (vi) The Tribal Gaming Agency shall maintain adequate records that demonstrate compliance with this subdivision (a). (b) The Gaming Test Laboratory shall be an independent or state governmental gaming test laboratory recognized in the gaming industry which which (i) is competent and qualified to conduct scientific tests and evaluations of Gaming Devices, and (ii) is licensed or approved by any of the following states: Arizona, California, Colorado, Illinois, Indiana, Iowa, Michigan, Missouri, Nevada, New Jersey, or Wisconsin. The Tribal Gaming Agency shall submit to the State Gaming Agency documentation that demonstrates the Gaming Test Laboratory satisfies (i) and (ii) herein within thirty (30) days of the effective date of this Amended Compact, or if such use follows the effective date, within fifteen (15) days prior to reliance thereon. If, at any time, the Gaming Test Laboratory license and/or approval required by (ii) herein is suspended or revoked by any of those states or the Gaming Test Laboratory is found unsuitable by the State Gaming Agency, then the State Gaming Agency may reject the use of the Gaming Test Laboratory, and upon such rejection, the Tribal Gaming Agency shall ensure that the Gaming Test Laboratory discontinues its responsibilities under this Section. The Tribe and the State Gaming Agency shall inform the Gaming Test Laboratory in writing that irrespective of the source of payment of its fees, the Gaming Test Laboratory’s duty of loyalty runs equally to the State and the Tribe. (c) The Tribal Gaming Agency shall ensure that compliance with subdivisions (a) and (b) is audited annually by an independent auditor and shall provide the results of such audits to the State Gaming Agency within ten (10) days of completion. For purposes of this subdivision, an independent auditor shall be a certified public accountant and/or certified internal auditor who is not an employee of the Tribe, Tribal Gaming Agency, 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 or audits under Section 8.1.8. (d) The State Gaming Agency and its consultants, if any, may inspect the Gaming Devices in operation at a the Gaming Facility on a random basis not to exceed four (4) times annually to confirm that they operate and play properly pursuant to the manufacturer’s technical standards. During each random inspectionThe inspections may include all Gaming Device software, hardware, and associated equipment and systems that support the State Gaming Agency shall inspect no more than five percent (5%) operation of the Gaming Devices in operation at the Gaming Facility and shall not remove a Gaming Device from service, except during inspection or testing, or from the Gaming Facility at any time, unless it obtains the concurrence of the Tribal Gaming Agency, which shall not be unreasonably withheldDevice. The random inspections conducted pursuant to this subdivision shall occur during the Gaming Facility’s normal business hours from 7 a.m. to 5 p.m. outside of Fridays, weekends, weekends and holidays. Whenever possible, the State Gaming Agency shall not require removal from play any Gaming Device that the State Gaming Agency determines may be fully and adequately tested while still in play. The State Gaming Agency shall provide notice to the Tribal Gaming Agency of such inspection at or prior to the commencement of the random inspection, and a member of the Tribal Gaming Agency may shall accompany the State Gaming Agency inspector(s) during the inspection of the Gaming Devices. The Tribal Gaming Agency shall require a member to be available at all times for those purposes. If the Tribal Gaming Agency fails to promptly make a member available for purposes of the inspection, the State Gaming Agency may proceed with the inspection. The State Gaming Agency may conduct additional inspections only upon reasonable belief of any irregularity and after informing the Tribal Gaming Agency of the basis for such belief. Any consultants engaged or used by the State Gaming Agency to assist and/or perform the State Gaming Agency’s inspections pursuant to this subsection (d) shall be subject to the confidentiality protections and assurances set forth in Section 7.4.3 of this Amended Compact. (de) The Tribal Gaming Agency shall provide to the State Gaming Agency may review at a Gaming Facility during normal business hours the Tribe’s electronic or paper copies of its technical standards, regulations and internal controls applicable to the Tribe’s Gaming Devices. The Tribal Devices at least thirty (30) days before offering the Gaming Agency shall notify the State Gaming Agency of, Devices for play and make available for review by the State Gaming Agency, any revisions to the Tribe’s technical standards, manuals, regulations and/or internal controls for the Tribe’s Gaming Devices. The notice shall be made at least thirty (30) days before the effective date of such revisions. Upon request by the State Gaming Agency, the Tribal Gaming Agency shall provide copies of specified portions of any revisions to the technical standards, manualsregulations, regulations and internal controls to the State Gaming Agencycontrols. (ef) For purposes of this Section 7.5, the State Gaming Agency shall be the California Gambling Control Commission, unless the State provides otherwise by written notice pursuant to Section 13.0.. Subdivision (d) of Section 6.4.2 is repealed and subdivisions (d) through (l) of Section 6.4.2 are added as follows:

Appears in 1 contract

Samples: Tribal State Gaming Compact

Testing of Gaming Devices. (a) No Gaming Device may be offered for play unless: (i) The manufacturer or distributor which sells, leases, or distributes such Gaming Device (A) has applied for a determination of suitability by the State Gaming Agency at least fifteen (15) days before it is offered for play, (B) has not been found to be unsuitable by the State Gaming Agency, and (C) has been licensed by the Tribal Gaming Agency; andand‌ (ii) The software for the game authorized for play on the Gaming Device has been tested, approved and certified by an independent or state governmental gaming test laboratory (the "Gaming Test Laboratory") as operating in accordance with either the standards of Gaming Laboratories International, Inc. known lmown as GLI-11 and GLI-12, or the technical standards approved by the State of Nevada, or such other technical standards as the State Gaming Agency and the Tribal Gaming Agency shall agree upon, which agreement shall not be unreasonably withheld, and a copy of the certification is provided to the State Gaming Agency by electronic transmission or by mail unless the State Gaming Agency waives in writing receipt of copies of certification; and (iii) 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 insertion into the Gaming Device; and (iv) The hardware and associated equipment for each type cype of Gaming Device has been tested by the Gaming Test Laboratory to ensure operation in accordance with the manufacturer’s specifications.'s specifications.‌ (v) The hardware and associated equipment for each Gaming Device has been tested by the Tribal Gaming Agency to ensure operation in accordance with the manufacturer’s specifications.'s specifications.‌ (b) The Gaming Test Laboratory shall be an independent or state governmental gaming test laboratory recognized in the gaming industry whichwhich‌‌‌ (i) is competent and qualified to conduct scientific tests and evaluations of Gaming Devices, and (ii) is licensed or approved by any of the following states: Arizona, California, Colorado, Illinois, Indiana, Iowa, Michigan, Missouri, Nevada, New Jersey, or Wisconsin. The Tribal Gaming Agency shall submit to the State Gaming Agency documentation that demonstrates the Gaming Test Laboratory satisfies (i) and (ii) herein within thirty (30) days of the effective date of this Amended Compact, or if such use follows the effective date, within fifteen (( 15) days prior to reliance thereon. If, at any time, the Gaming Test Laboratory license and/or approval required by (ii) herein is suspended or revoked by any of those states or the Gaming Test Laboratory is found unsuitable by the State Gaming Agency, then the State Gaming Agency may reject the use of the Gaming Test Laboratory, and upon such rejection, the Tribal Gaming Agency shall ensure that the Gaming Test Laboratory discontinues its responsibilities under this Section. (c) The State Gaming Agency may inspect the Gaming Devices in operation at a Gaming Facility on a random basis four (4) times annually to confirm that they operate and play properly pursuant to the manufacturer’s 's technical standards. During each random inspection, the State Gaming Agency shall inspect no more than five percent (5%) of the Gaming Devices in operation at the Gaming Facility and shall not remove a Gaming Device from service, except during inspection or testing, or from the Gaming Facility at any time, unless it obtains the concurrence of the Tribal Gaming Agency, which shall not be unreasonably umeasonably withheld. The random inspections conducted pursuant to this subdivision shall occur during normal business hours from 7 a.m. to 5 p.m. outside of Fridays, weekends, and holidays. The State Gaming Agency shall provide notice to the Tribal Gaming Agency of such inspection prior to the commencement of the random inspection, and the Tribal Gaming Agency may accompany the State Gaming Agency inspector(s) during the inspection of the Gaming Devices. The State Gaming Agency may conduct additional inspections only upon reasonable belief of any irregularity and after informing the Tribal Gaming Agency of the basis for such belief. (d) The State Gaming Agency may review at a Gaming Facility during normal business hours the Tribe’s 's technical standards, regulations and internal controls applicable to the Tribe’s 's Gaming Devices. The Tribal Gaming Agency shall notify the State Gaming Agency of, and make available for review by the State Gaming Agency, any revisions to the Tribe’s 's technical standards, manuals, regulations and/or internal controls for the Tribe’s 's Gaming Devices. The notice shall be made at least thirty (30) days before the effective date of such revisions. Upon request by the State Gaming Agency, the Tribal Gaming Agency shall provide copies of specified portions of the technical standards, manuals, regulations and internal controls to the State Gaming Agency.Agency.‌ (e) For purposes of this Section 7.5, the State Gaming Agency shall be the California Gambling Control Commission, unless the State provides otherwise by written notice pursuant to Section 13.0.13.0.‌

Appears in 1 contract

Samples: Tribal State Compact

Testing of Gaming Devices. (a) No Gaming Device may be offered for play unless: (i) The manufacturer or distributor which sells, leases, or distributes such Gaming Device (A) has applied for a determination of suitability by the State Gaming Agency at least fifteen (15) days before it is offered for play, (B) has not been found to be unsuitable by the State Gaming Agency, and (C) has been licensed by the Tribal Gaming Agency; and (ii) The software for the game authorized for play on the Gaming Device has been tested, approved and certified by an independent or state governmental gaming test laboratory (the “Gaming Test Laboratory”) as operating in accordance with either the standards of Gaming Laboratories International, Inc. known as GLI-11 and GLI-12, or the technical standards approved by the State of Nevada, or such other technical standards as the State Gaming Agency and the Tribal Gaming Agency shall agree upon, which agreement shall not be unreasonably withheld, and a copy of the certification is provided to the State Gaming Agency by electronic transmission or by mail unless the State Gaming Agency waives in writing receipt of copies of certification; and (iii) 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 insertion into the Gaming Device; and (iv) The hardware and associated equipment for each type of Gaming Device has been tested by the Gaming Test Laboratory to ensure operation in accordance with the manufacturer’s specifications.; and (v) The hardware and associated equipment for each Gaming Device has been tested by the Tribal Gaming Agency to ensure operation in accordance with the manufacturer’s specifications. (b) The Gaming Test Laboratory shall be an independent or state governmental gaming test laboratory recognized in the gaming industry which industry, which (i) is competent and qualified to conduct scientific tests and evaluations of Gaming Devices, and (ii) is licensed or approved by any of the following states: Arizona, California, Colorado, Illinois, Indiana, Iowa, Michigan, Missouri, Nevada, New Jersey, or Wisconsin. The Tribal Gaming Agency shall submit to the State Gaming Agency documentation that demonstrates the Gaming Test Laboratory satisfies (i) and (ii) herein within thirty (30) days of the effective date of this Amended Compact, or if such use follows the effective date, within fifteen (15) days prior to reliance thereon. If, at any time, the Gaming Test Laboratory license and/or approval required by (ii) herein is suspended or revoked by any of those states or the Gaming Test Laboratory is found unsuitable by the State Gaming Agency, then the State Gaming Agency may reject the use of the Gaming Test Laboratory, and upon such rejection, the Tribal Gaming Agency shall ensure that the Gaming Test Laboratory discontinues its responsibilities under this Section. (c) The State Gaming Agency may inspect the Gaming Devices in operation at a Gaming Facility on a random basis not to exceed four (4) times annually to confirm that they operate and play properly pursuant to the manufacturer’s technical standards. During each random inspection, the State Gaming Agency shall inspect no more than five percent (5%) of the Gaming Devices in operation at the Gaming Facility and shall not remove a Gaming Device from service, except during inspection or testing, or from the Gaming Facility at any time, unless it obtains the concurrence of the Tribal Gaming Agency, which shall not be unreasonably withheld. The random inspections conducted pursuant to this subdivision shall occur during normal business hours from 7 a.m. to 5 p.m. outside of Fridays, weekends, and holidays. The State Gaming Agency shall provide notice to the Tribal Gaming Agency of such inspection prior to the commencement of the random inspection, and the Tribal Gaming Agency may accompany the State Gaming Agency inspector(s) during the inspection of the Gaming Devices). The State Gaming Agency may conduct additional inspections only upon reasonable belief of any irregularity and after informing the Tribal Gaming Agency of the basis for such belief. (d) The State Gaming Agency may review at a Gaming Facility during normal business hours the Tribe’s technical standards, regulations and internal controls applicable to the Tribe’s Gaming Devices. The Tribal Gaming Agency shall notify the State Gaming Agency of, and make available for review by the State Gaming Agency, any revisions to the Tribe’s technical standards, manuals, regulations and/or internal controls for the Tribe’s Gaming Devices. The notice shall be made at least thirty (30) days before the effective date of such revisions. Upon request by the State Gaming Agency’s request, the Tribal Gaming Agency shall provide copies of specified portions of the technical standards, manuals, regulations and internal controls to the State Gaming Agency. (e) For purposes of this Section 7.5, the State Gaming Agency shall be the California Gambling Control Commission, unless the State provides otherwise by written notice pursuant to Section 13.0.

Appears in 1 contract

Samples: Tribal State Compact

Testing of Gaming Devices. (a) No Gaming Device may be offered for play unless:unless:‌ (i) The manufacturer or distributor which sells, leases, or distributes such Gaming Device (A) has applied for a determination of suitability by the State Gaming Agency at least fifteen (15) days before it is offered for play, (B) has not been found to be unsuitable by the State Gaming Agency, and (C) has been licensed by the Tribal Gaming Agency; andand‌ (ii) The software for the game authorized for play on the Gaming Device has been tested, approved and certified by an independent or state governmental gaming test laboratory (the "Gaming Test Laboratory") as operating in accordance with either the standards of Gaming Gaining Laboratories International, Inc. known as GLI-11 and GLI-12, or the technical standards approved by the State of Nevada, or such other technical standards as the State Gaming Agency and the Tribal Gaming Agency shall agree upon, which agreement shall not be unreasonably withheld, and a copy of the certification is provided to the State Gaming Agency by electronic transmission or by mail unless the State Gaming Agency waives in writing receipt of copies of certification; andand‌ (iii) 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 insertion into the Gaming Device; and (iv) The hardware and associated equipment for each type of Gaming Device has been tested by the Gaming Test Laboratory to ensure operation in accordance with the manufacturer’s specifications.'s specifications.‌ (v) The hardware and associated equipment for each Gaming Device has been tested by the Tribal Gaming Agency to ensure operation in accordance with the manufacturer’s specifications.'s specifications.‌ (b) The Gaming Test Laboratory shall be an independent or state governmental goven1mental gaming test laboratory recognized in the gaming industry which which (i) is competent and qualified to conduct scientific tests and evaluations of Gaming Devices, and (ii) is licensed or approved by any of the following states: Arizona, California, Colorado, Illinois, Indiana, Iowa, Michigan, Missouri, Nevada, New Jersey, or Wisconsin. The Tribal Gaming Agency shall submit to the State Gaming Agency documentation that demonstrates the Gaming Test Laboratory satisfies (i) and (ii) herein within thirty (30) days of the effective date of this Amended Compact, or if such use follows the effective date, within fifteen (15) days prior to reliance thereon. If, at any time, the Gaming Test Laboratory license and/or approval required by (ii) herein is suspended or revoked by any of those states or the Gaming Test Laboratory is found unsuitable by the State Gaming Agency, then the State Gaming Agency may reject the use of the Gaming Test Test‌‌ Laboratory, and upon such rejection, the Tribal Gaming Agency shall ensure that the Gaming Test Laboratory discontinues its responsibilities under this Section. (c) The State Gaming Agency may inspect the Gaming Devices in operation at a Gaming Facility on a random basis four (4) times annually to confirm that they operate and play properly pursuant to the manufacturer’s technical 's teclmical standards. During each random inspection, the State Gaming Agency shall inspect no more than five percent (5%) of the Gaming Devices in operation at the Gaming Facility and shall not remove a Gaming Device from service, except during inspection or testing, or from the Gaming Facility at any time, unless it obtains the concurrence of the Tribal Gaming Agency, which shall not be unreasonably withheld. The random inspections conducted pursuant to this subdivision shall occur during normal business hours from 7 a.m. to 5 p.m. outside of Fridays, weekends, and holidays. The State Gaming Agency shall provide notice to the Tribal Gaming Agency of such inspection prior to the commencement of the random inspection, and a member of the Tribal Gaming Agency may shall accompany the State Gaming Agency inspector(s) during the inspection of the Gaming Devices. The Tribal Gaming Agency shall require a member to be available at all times for those purposes. Failure of the Tribal Gaming Agency to make a member available for purposes of the inspection shall be deen1ed to be a breach of this Amended Compact. The State Gaming Agency may conduct additional inspections only upon reasonable belief of any irregularity and after informing the Tribal Gaming Agency of the basis for such belief.belie£ (d) The State Gaming Xxxxxx Agency may review at a Gaming Facility during normal business hours the Tribe’s 's technical standards, regulations and internal controls applicable to the Tribe’s 's Gaming Devices. The Tribal Gaming Agency shall notify the State Gaming Agency of, and make available for review by the State Gaming Agency, any revisions to the Tribe’s 's technical standards, manuals, regulations and/or internal controls for the Tribe’s 's Gaming Devices. The notice shall be made at least thirty (30) days before the effective date of such revisions. Upon request by the State Gaming Agency, the Tribal Gaming Agency shall provide copies of specified portions of the technical standards, manuals, regulations and internal inten1al controls to the State Gaming Agency.Agency.‌ (e) For purposes of this Section 7.5, the State Gaming Agency shall be the California Gambling Control Commission, unless the State provides otherwise by written notice pursuant to Section 13.0.

Appears in 1 contract

Samples: Tribal State Gaming Compact

Testing of Gaming Devices. (a) No Gaming Device may be offered for play unless: (i) The manufacturer or distributor which sells, leases, or distributes such Gaming Device (A) has applied for a determination finding of suitability by the State Gaming Agency at least fifteen (15) 15 days before it is offered for play, (B) has not been found to be unsuitable by the State Gaming Agency, and (C) has been licensed by the Tribal Gaming Agency; and; (ii) The software for the game authorized for play on the Gaming Device has been tested, approved and certified by an independent or state governmental gaming test laboratory (the “Gaming Test Laboratory”) as operating in accordance with either the standards of Gaming Laboratories International, Inc. known as GLI-11 and GLI-12, or the technical standards approved by the State of Nevada, or such other technical standards as the State Gaming Agency and the Tribal Gaming Agency shall agree upon, which agreement shall not be unreasonably withheld, and a copy of the said certification is provided to the State Gaming Agency by electronic transmission or by mail unless the State Gaming Agency waives in writing receipt of copies of certification; and; (iii) 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 insertion into the Gaming Device; and (iv) The hardware and associated equipment for each type of the Gaming Device has been tested by the Gaming Test Laboratory to ensure operation in accordance with the manufacturer’s specifications. (v) The hardware and associated equipment for each Gaming Device has been tested by the Tribal Gaming Agency to ensure operation in accordance with the manufacturer’s specifications. (b) The Gaming Test Laboratory shall be an independent or state governmental gaming test laboratory recognized in the gaming industry which which (i) is competent and qualified to conduct scientific tests and evaluations of Gaming Devices, and (ii) is licensed or approved by any of the following states: Arizona, California, Colorado, Illinois, Indiana, Iowa, Michigan, Missouri, Nevada, New Jersey, or Wisconsin. The Tribal Gaming Agency shall submit to the State Gaming Agency documentation that demonstrates the Gaming Test Laboratory satisfies satisfies (i) and (ii) herein within thirty (30) days of the effective date of this Amended Compact, or if such use follows the said effective date, within fifteen (15) days prior to reliance thereon. If, at any time, the Gaming Test Laboratory license and/or approval required by (ii) herein is suspended or revoked by any of those states or the Gaming Test Laboratory is found unsuitable by the State Gaming Agency, then the State Gaming Agency may reject the use of the such Gaming Test Laboratory, and upon such rejection, the Tribal Gaming Agency shall ensure that the such Gaming Test Laboratory discontinues its responsibilities under this Section. (c) The Tribal Gaming Agency shall ensure that compliance with subdivisions (a) and (b) is audited annually by an independent auditor and shall provide the results of such audits to the State Gaming Agency within five (5) business days of completion. For purposes of this subdivision, an independent auditor shall be a certified public accountant and/or certified internal auditor who is not employed by the Tribe, the Tribal Gaming Agency, 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 or audits under Section 8.1.8. (d) The State Gaming Agency may inspect the Gaming Devices in operation at a the Gaming Facility on a random basis not to exceed four (4) times annually to confirm that they operate and play properly pursuant to the manufacturer’s technical standards. During each random inspection, the State Gaming Agency shall inspect no more than five percent (5%) of the Gaming Devices in operation at the Gaming Facility and shall not remove a Gaming Device from service, except during inspection or testing, or from the Gaming Facility at any time, unless it obtains the concurrence of the Tribal Gaming Agency, which shall not be unreasonably withheld. The Said random inspections conducted pursuant to this subdivision shall occur during normal business hours from 7 a.m. to 5 p.m. outside of Fridays, weekends, and holidaysholidays and shall not remove from play more than 5% of the Gaming Devices operating at the Gaming Facility. The State Gaming Agency shall provide notice to the Tribal Gaming Agency of such inspection prior to the commencement of the random inspection, and the Tribal Gaming Agency may accompany the State Gaming Agency inspector(s) during the inspection of the Gaming Devices). The State Gaming Agency may conduct additional inspections only upon reasonable belief of any irregularity and after informing the Tribal Gaming Agency of the basis for such belief. (de) The Tribal Gaming Agency shall provide to the State Gaming Agency may review at a Gaming Facility during normal business hours the Tribe’s copies of its regulations for technical standards, regulations and internal controls standards applicable to the Tribe’s Gaming Devices. The Tribal Devices at least thirty (30) days before offering the Gaming Agency shall notify the State Gaming Agency of, Devices for play and make available for review by the State Gaming Agency, any revisions to the Tribe’s technical standards, manuals, regulations and/or internal controls for the Tribe’s Gaming Devices. The notice shall be made at least thirty (30) days before the effective date of such revisions. Upon request by the State Gaming Agency, the Tribal Gaming Agency shall provide copies of specified portions of the technical standards, manuals, regulations and internal controls any revisions to the State Gaming Agencyregulations. (ef) For purposes of this Section 7.5, the State Gaming Agency shall be the California Gambling Control Commission, unless the State provides otherwise by written notice pursuant to Section 13.0. IV. BUILDING CODES

Appears in 1 contract

Samples: Tribal State Compact

Testing of Gaming Devices. (a) No Gaming Device may be offered for play unless: (i) The manufacturer or distributor which sells, leases, or distributes such Gaming Device (A) has applied for a determination finding of suitability by the State Gaming Agency at least fifteen (15) 15 days before it is offered for play, (B) has not been found to be unsuitable by the State Gaming Agency, and (C) has been licensed by the Tribal Gaming Agency; and; (ii) The software for the game authorized for play on the Gaming Device has been tested, approved and certified by an independent or state governmental gaming test laboratory (the “Gaming Test Laboratory”) as operating in accordance with either the standards of Gaming Laboratories International, Inc. known as GLI-11 and GLI-12, or the technical standards approved by the State of Nevada, or such other technical standards as the State Gaming Agency and the Tribal Gaming Agency shall agree upon, which agreement shall not be unreasonably withheld, and a copy of the said certification is provided to the State Gaming Agency by electronic transmission or by mail unless the State Gaming Agency waives in writing receipt of copies of certification; and; (iii) 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 insertion into the Gaming Device; and (iv) The hardware and associated equipment for each type of the Gaming Device has been tested by the Gaming Test Laboratory to ensure operation in accordance with the manufacturer’s specifications. (v) The hardware and associated equipment for each Gaming Device has been tested by the Tribal Gaming Agency to ensure operation in accordance with the manufacturer’s specifications. (b) The Gaming Test Laboratory shall be an independent or state governmental gaming test laboratory recognized in the gaming industry which which (i) is competent and qualified to conduct scientific tests and evaluations of Gaming Devices, and (ii) is licensed or approved by any of the following states: Arizona, California, Colorado, Illinois, Indiana, Iowa, Michigan, Missouri, Nevada, New Jersey, or Wisconsin. The Tribal Gaming Agency shall submit to the State Gaming Agency documentation that demonstrates the Gaming Test Laboratory satisfies (i) and (ii) herein within thirty (30) days of the effective date of this Amended Compact, or if such use follows the said effective date, within fifteen (15) days prior to reliance thereon. If, at any time, the Gaming Test Laboratory license and/or approval required by (ii) herein is suspended or revoked by any of those states or the Gaming Test Laboratory is found unsuitable by the State Gaming Agency, then the State Gaming Agency may reject the use of the Gaming Test Laboratory, and upon such rejection, the Tribal Gaming Agency shall ensure that the Gaming Test Laboratory discontinues its responsibilities under this Section. (c) The State Gaming Agency may inspect the Gaming Devices in operation at a Gaming Facility on a random basis four (4) times annually to confirm that they operate and play properly pursuant to the manufacturer’s technical standards. During each random inspection, the State Gaming Agency shall inspect no more than five percent (5%) of the Gaming Devices in operation at the Gaming Facility and shall not remove a Gaming Device from service, except during inspection or testing, or from the Gaming Facility at any time, unless it obtains the concurrence of the Tribal Gaming Agency, which shall not be unreasonably withheld. The random inspections conducted pursuant to this subdivision shall occur during normal business hours from 7 a.m. to 5 p.m. outside of Fridays, weekends, and holidays. The State Gaming Agency shall provide notice to the Tribal Gaming Agency of such inspection prior to the commencement of the random inspection, and the Tribal Gaming Agency may accompany the State Gaming Agency inspector(s) during the inspection of the Gaming Devices. The State Gaming Agency may conduct additional inspections only upon reasonable belief of any irregularity and after informing the Tribal Gaming Agency of the basis for such belief. (d) The State Gaming Agency may review at a Gaming Facility during normal business hours the Tribe’s technical standards, regulations and internal controls applicable to the Tribe’s Gaming Devices. The Tribal Gaming Agency shall notify the State Gaming Agency of, and make available for review by the State Gaming Agency, any revisions to the Tribe’s technical standards, manuals, regulations and/or internal controls for the Tribe’s Gaming Devices. The notice shall be made at least thirty (30) days before the effective date of such revisions. Upon request by the State Gaming Agency, the Tribal Gaming Agency shall provide copies of specified portions of the technical standards, manuals, regulations and internal controls to the State Gaming Agency. (e) For purposes of this Section 7.5, the State Gaming Agency shall be the California Gambling Control Commission, unless the State provides otherwise by written notice pursuant to Section 13.0.by

Appears in 1 contract

Samples: Tribal State Compact

Testing of Gaming Devices. (a) No Gaming Device may be offered for play unless: (i) The manufacturer or distributor which sells, leases, or distributes such Gaming Device (A) has applied for a determination of suitability by the State Gaming Agency at least fifteen (15) days before it is offered for play, (B) has not been found to be unsuitable by the State Gaming Agency, and (C) has been licensed by the Tribal Gaming Agency; andand‌ (ii) The software for the game authorized for play on the Gaming Device has been tested, approved and certified by an independent or state governmental gaming test laboratory (the "Gaming Test Laboratory") as operating in accordance with either the standards of Gaming Laboratories International, Inc. known as GLI-11 and GLI-12, or the technical standards approved by the State of Nevada, or such other technical standards as the State Gaming Agency and the Tribal Gaming Agency shall agree upon, which agreement shall not be unreasonably withheld, and a copy of the certification is provided to the State Gaming Agency by electronic transmission or by mail unless the State Gaming Agency waives in writing receipt of copies of certification; andand‌ (iii) 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 insertion into the Gaming Device; and (iv) The hardware and associated equipment for each type of Gaming Device has been tested by the Gaming Test Laboratory to ensure operation in accordance with the manufacturer’s 's specifications. (v) The hardware and associated equipment for each Gaming Device has been tested by the Tribal Gaming Agency to ensure operation in accordance with the manufacturer’s 's specifications. (b) The Gaming Test Laboratory shall be an independent or state governmental gaming test laboratory recognized in the gaming industry which which (i) is competent and qualified to conduct scientific tests and evaluations of Gaming Devices, and (ii) is licensed or approved by any of the following states: Arizona, California, Colorado, Illinois, Indiana, Iowa, Michigan, Missouri, Nevada, New Jersey, or Wisconsin. The Tribal Gaming Agency shall submit to the State Gaming Agency documentation that demonstrates the Gaming Test Laboratory satisfies (i) and (ii) herein within thirty (30) days of the effective date of this Amended Compact, or if such use follows the effective date, within fifteen (15) days prior to reliance thereon. If, at any time, the Gaming Test Laboratory license and/or approval required by (ii) herein is suspended or revoked by any of those states or the Gaming Test Laboratory is found unsuitable by the State Gaming Agency, then the State Gaming Agency may reject the use of the Gaming Test Laboratory, and upon such rejection, the Tribal Gaming Agency shall ensure that the Gaming Test Laboratory discontinues its responsibilities under this Section. (c) The State Gaming Agency may inspect the Gaming Devices in operation at a Gaming Facility on a random basis four (4) times annually to confirm that they operate and play properly pursuant to the manufacturer’s 's technical standards. During each random inspection, the State Gaming Agency shall inspect no more than five percent (5%) of the Gaming Devices in operation at the Gaming Facility and shall not remove a Gaming Device from service, except during inspection or testing, or from the Gaming Facility at any time, unless it obtains the concurrence of the Tribal Gaming Agency, which shall not be unreasonably withheld. The random inspections conducted pursuant to this subdivision shall occur during normal business hours from 7 a.m. to 5 p.m. outside of Fridays, weekends, and holidays. The State Gaming Agency shall provide notice to the Tribal Gaming Agency of such inspection prior to the commencement of the random inspection, and the Tribal Gaming Agency may accompany the State Gaming Agency Agency‌ inspector(s) during the inspection of the Gaming Devices. The State Gaming Agency may conduct additional inspections only upon reasonable belief of any irregularity and after informing the Tribal Gaming Agency of the basis for such belief.belief.‌‌ (d) The State Gaming Agency may review at a Gaming Facility during normal business hours the Tribe’s 's technical standards, regulations and internal controls applicable to the Tribe’s 's Gaming Devices. The Tribal Gaming Agency shall notify the State Gaming Agency of, and make available for review by the State Gaming Agency, any revisions to the Tribe’s 's technical standards, manuals, regulations and/or internal controls for the Tribe’s 's Gaming Devices. The notice shall be made at least thirty (30) days before the effective date of such revisions. Upon request by the State Gaming Agency, the Tribal Gaming Agency shall provide copies of specified portions of the technical standards, manuals, regulations and internal controls to the State Gaming Agency.Agency.‌ (e) For purposes of this Section 7.5, the State Gaming Agency shall be the California Gambling Control Commission, unless the State provides otherwise by written notice pursuant to Section 13.0.13.0.‌

Appears in 1 contract

Samples: Tribal State Compact

AutoNDA by SimpleDocs

Testing of Gaming Devices. (a) No Gaming Device may be offered for play unless: (i) The manufacturer or distributor which sells, leases, or distributes such Gaming Device (A) has applied for a determination of suitability by the State Gaming Agency at least fifteen (15) days before it is offered for play, (B) has not been found to be unsuitable by the State Gaming Agency, and (C) has been licensed by the Tribal Gaming Agency; andand‌ (ii) The software for the game authorized for play on the Gaming Device has been tested, approved and certified by an independent or state governmental gaming test laboratory (the "Gaming Test Laboratory") as operating in accordance with either the standards of Gaming Laboratories International, Inc. known as GLI-11 and and‌ GLI-12, or the technical standards approved by the State of Nevada, or such other technical standards as the State Gaming Agency and the Tribal Gaming Agency shall agree upon, which agreement shall not be unreasonably withheld, and a copy of the certification is provided to the State Gaming Agency by electronic transmission or by mail unless the State Gaming Agency waives in writing receipt of copies of certification; and (iii) 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 insertion into the Gaming Device; and (iv) The hardware and associated equipment for each type of Gaming Device has been tested by the Gaming Test Laboratory to ensure operation in accordance with the manufacturer’s 's specifications.; and‌ (v) The hardware and associated equipment for each Gaming Device has been tested by the Tribal Gaming Agency to ensure operation in accordance with the manufacturer’s specifications.'s specifications.‌ (b) The Gaming Test Laboratory shall be an independent or state governmental gaming test laboratory recognized in the gaming industry which industry, which (i) is competent and qualified to conduct scientific tests and evaluations of Gaming Devices, and (ii) is licensed or approved by any of the following states: Arizona, California, Colorado, Illinois, Indiana, Iowa, Michigan, Missouri, Nevada, New Jersey, or Wisconsin. The Tribal Gaming Agency shall submit to the State Gaming Agency documentation that demonstrates the Gaming Test Laboratory satisfies (i) and (ii) herein within thirty (30) days of the effective date of this Amended Compact, or if such use follows the effective date, within fifteen (( 15) days prior to reliance thereon. If, at any time, the Gaming Test Laboratory license and/or approval required by (ii) herein is suspended or revoked by any of those states or the Gaming Test Laboratory is found unsuitable by the State Gaming Agency, then the State Gaming Agency may reject the use of the Gaming Test Laboratory, and upon such rejection, the Tribal Gaming Agency shall ensure that the Gaming Test Laboratory discontinues its responsibilities under this Section.Section.‌ (c) The State Gaming Agency may inspect the Gaming Devices in operation at a Gaming Facility on a random basis not to exceed four (4) times annually to confirm that they operate and play properly pursuant to the manufacturer’s 's technical standards. During each random inspection, the State Gaming Agency shall inspect no more than five percent (5%) of the Gaming Devices in operation at the Gaming Facility and shall not remove a Gaming Device from service, except during inspection or testing, or from the Gaming Facility at any time, unless it obtains the concurrence of the Tribal Gaming Agency, which shall sha11 not be unreasonably withheld. The random inspections conducted pursuant to to-this subdivision shall occur during normal business hours from 7 a.m. to 5 p.m. outside of Fridays, weekends, and holidays. The State Gaming Agency shall provide notice to to‌ the Tribal Gaming Agency of such inspection prior to the commencement of the random inspection, and the Tribal Gaming Agency may accompany the State Gaming Agency inspector(s) during the inspection of the Gaming Devices). The State Gaming Agency may conduct additional inspections only upon reasonable belief of any irregularity and after informing the Tribal Gaming Agency of the basis for such belief. (d) The State Gaming Agency may review at a Gaming Facility during normal business hours the Tribe’s 's technical standards, regulations and internal controls applicable to the Tribe’s 's Gaming Devices. The Tribal Gaming Agency shall notify the State Gaming Agency of, and make available for review by the State Gaming Agency, any revisions to the Tribe’s 's technical standards, manuals, regulations and/or internal controls for the Tribe’s 's Gaming Devices. The notice shall be made at least thirty (30) days before the effective date of such revisions. Upon request by the State Gaming Agency's request, the Tribal Gaming Agency shall provide copies of specified portions of the technical standards, manuals, regulations and internal controls to the State Gaming Agency.Agency.‌‌ (e) For purposes of this Section 7.5, the State Gaming Agency shall be the California Gambling Control Commission, unless the State provides otherwise by written notice pursuant to Section 13.0.13.0.‌

Appears in 1 contract

Samples: Tribal State Compact Amendment

Testing of Gaming Devices. (a) No Gaming Device may be offered for play unless:unless:‌ (i) The manufacturer or distributor which sells, leases, or distributes such Gaming Device (A) has applied for a determination of suitability by the State Gaming Agency at least fifteen (15) days before it is offered for play, (B) has not been found to be unsuitable by the State Gaming Agency, and (C) has been licensed by the Tribal Gaming Agency; andand‌ (ii) The software for the game authorized for play on the Gaming Device has been tested, approved and certified by an independent or state governmental gaming test laboratory (the "Gaming Test Laboratory") as operating in accordance with either the standards of Gaming Laboratories International, Inc. known as GLI-11 and GLI-12, or the technical standards approved by the State of Nevada, or such other technical standards as the State Gaming Agency and the Tribal Gaming Agency shall agree upon, which agreement shall not be unreasonably withheld, and a copy of the certification is provided to the State Gaming Agency by electronic transmission or by mail unless the State Gaming Agency waives in writing receipt of copies of certification; andand‌ (iii) 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 insertion into the Gaming Device; and (iv) The hardware and associated equipment for each type of Gaming Device has been tested by the Gaming Test Laboratory to ensure operation in accordance with the manufacturer’s specifications.'s specifications.‌ (v) The hardware and associated equipment for each Gaming Device has been tested by the Tribal Gaming Agency to ensure operation in accordance with the manufacturer’s specifications.'s specifications.‌ (b) The Gaming Test Laboratory shall be an independent or state governmental goven1mental gaming test laboratory recognized in the gaming industry whichwhich‌‌ (i) is competent and qualified to conduct scientific tests and evaluations of Gaming Devices, and (ii) is licensed or approved by any of the following states: Arizona, California, Colorado, Illinois, Indiana, Iowa, Michigan, Missouri, Nevada, New Jersey, or Wisconsin. The Tribal Gaming Agency shall submit to the State Gaming Agency documentation that demonstrates the Gaming Test Laboratory satisfies (i) and (ii) herein within thirty (30) days of the effective date of this Amended Compact, or if such use follows the effective date, within fifteen (15) days prior to reliance thereon. If, at any time, the Gaming Test Laboratory license and/or approval required by (ii) herein is suspended or revoked by any of those states or the Gaming Test Laboratory is found unsuitable by the State Gaming Agency, then the State Gaming Agency may reject the use of the Gaming Test Laboratory, and upon such rejection, the Tribal Gaming Agency shall ensure that the Gaming Test Laboratory discontinues its responsibilities under this Section. (c) The State Gaming Agency may inspect the Gaming Devices in operation at a Gaming Facility on a random basis four (4) times annually to confirm that they operate and play properly pursuant to the manufacturer’s technical 's teclmical standards. During each random inspection, the State Gaming Agency shall inspect no more than five percent (5%) of the Gaming Devices in operation at the Gaming Facility and shall not remove a Gaming Device from service, except during inspection or testing, or from the Gaming Facility at any time, unless it obtains the concurrence of the Tribal Gaming Agency, which shall not be unreasonably withheld. The random inspections conducted pursuant to this subdivision shall occur during normal business hours from 7 a.m. to 5 p.m. outside of Fridays, weekends, and holidays. The State Gaming Agency shall provide notice to the Tribal Gaming Agency of such inspection prior to the commencement of the random inspection, and a member of the Tribal Gaming Agency may shall accompany the State Gaming Agency inspector(s) during the inspection of the Gaming Devices. The Tribal Gaming Agency shall require a member to be available at all times for those purposes. Failure of the Tribal Gaming Agency to make a member available for purposes of the inspection shall be deemed to be a breach of this Amended Compact. The State Gaming Agency may conduct additional inspections only upon reasonable belief of any irregularity and after informing the Tribal Gaming Agency of the basis for such belief.belie£ (d) The State Gaming Agency may review at a Gaming Facility during normal business hours the Tribe’s 's technical standards, regulations and internal controls applicable to the Tribe’s 's Gaming Devices. The Tribal Gaming Agency shall notify the State Gaming Agency of, and make available for review by the State Gaming Agency, any revisions to the Tribe’s 's technical standards, manuals, regulations and/or internal controls for the Tribe’s 's Gaming Devices. The notice shall be made at least thirty (30) days before the effective date of such revisions. Upon request by the State Gaming Agency, the Tribal Gaming Agency shall provide copies of specified portions of the technical standards, manuals, regulations and internal inten1al controls to the State Gaming Agency.Agency.‌ (e) For purposes of this Section 7.5, the State Gaming Agency shall be the California Gambling Control Commission, unless the State provides otherwise by written notice pursuant to Section 13.0.

Appears in 1 contract

Samples: Tribal State Gaming Compact

Testing of Gaming Devices. (a) No Gaming Device may be offered for play unless: (i) The manufacturer or distributor which sells, leases, or distributes such Gaming Device (A) has applied for a determination of suitability by the State Gaming Agency at least fifteen (15) days before it is offered for play, (B) has not been found to be unsuitable by the State Gaming Agency, and (C) has been licensed by the Tribal Gaming Agency; andand‌ (ii) The software for the game authorized for play on the Gaming Device has been tested, approved and certified by an independent or state governmental gaming test laboratory (the "Gaming Test Laboratory") as operating in accordance with either the standards of Gaming Laboratories International, Inc. known as GLI-11 and GLI-12, or the technical standards approved by the State of Nevada, or such other technical standards as the State Gaming Agency and the Tribal Gaming Agency shall agree upon, which agreement shall not be unreasonably withheld, and a copy of the certification is provided to the State Gaming Agency by electronic transmission or by mail unless the State Gaming Agency waives in writing receipt of copies of certification; andand‌ (iii) 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 �uthorized for play on the Gaming Device has the correct electronic signature prior to insertion into the Gaming Device; and (iv) The hardware and associated equipment for each type of Gaming Device has been tested by the Gaming Test Laboratory to ensure operation in accordance with the manufacturer’s 's specifications.; and‌ (v) The hardware and associated equipment for each Gaming Device has been tested by the Tribal Gaming Agency to ensure operation in accordance with the manufacturer’s specifications.'s specifications.‌ (b) The Gaming Test Laboratory shall be an independent or state governmental gaming test laboratory recognized in the gaming industry which industry, which (i) is competent and qualified to conduct scientific tests and evaluations of Gaming Devices, and (ii) is licensed or approved by any of the following states: Arizona, California, Colorado, Illinois, Indiana, Iowa, Michigan, Missouri, Nevada, New Jersey, or Wisconsin. The Tribal Gaming Agency shall submit to the State Gaming Agency documentation that demonstrates the Gaming Test Laboratory satisfies (i) and (ii) herein within thirty (30) days of the effective date of this Amended Compact, or if such use follows the effective date, within fifteen (( 15) days prior to reliance thereon. If, at any time, the Gaming Test Laboratory license and/or approval required by (ii) herein is suspended or revoked by any of those states or the Gaming Test Laboratory is found unsuitable by the State Gaming Agency, then the State Gaming Agency may reject the use of the Gaming Test Laboratory, and upon such rejection, the Tribal Gaming Agency shall ensure that the Gaming Test Laboratory discontinues its responsibilities under this Section.Section.‌ (c) The State Gaming Agency may inspect the Gaming Devices in operation at a Gaming Facility on a random basis not to exceed four (4) times annually to confirm that they operate and play properly pursuant to the manufacturer’s 's technical standards. During each random inspection, the State Gaming Agency shall inspect no more than five percent (5%) of the Gaming Devices in operation at the Gaming Facility and shall not remove a Gaming Device from service, except during inspection or testing, or from the Gaming Facility at any time, unless it obtains the concurrence of the Tribal Gaming Agency, which shall sha11 not be unreasonably withheld. The random inspections conducted pursuant to to-this subdivision shall occur during normal business hours from 7 a.m. to 5 p.m. outside of Fridays, weekends, and holidays. The State Gaming Agency shall provide notice to to‌ the Tribal Gaming Agency of such inspection prior to the commencement of the random inspection, and the Tribal Gaming Agency may accompany the State Gaming Agency inspector(s) during the inspection of the Gaming Devices). The State Gaming Agency may conduct additional inspections only upon reasonable belief of any irregularity and after informing the Tribal Gaming Agency of the basis for such belief. (d) The State Gaming Agency may review at a Gaming Facility during normal business hours the Tribe’s 's technical standards, regulations and internal controls applicable to the Tribe’s 's Gaming Devices. The Tribal Gaming Agency shall notify the State Gaming Agency of, and make available for review by the State Gaming Agency, any revisions to the Tribe’s 's technical standards, manuals, regulations and/or internal controls for the Tribe’s 's Gaming Devices. The notice shall be made at least thirty (30) days before the effective date of such revisions. Upon request by the State Gaming Agency's request, the Tribal Gaming Agency shall provide copies of specified portions of the technical standards, manuals, regulations and internal controls to the State Gaming Agency.Agency.‌‌ (e) For purposes of this Section 7.5, the State Gaming Agency shall be the California Gambling Control Commission, unless the State provides otherwise by written notice pursuant to Section 13.0.13.0.‌

Appears in 1 contract

Samples: Tribal State Compact

Testing of Gaming Devices. (a) No Gaming Device may be offered for play unlessunless all of the following occurs: (i1) The manufacturer or distributor which sells, leases, or distributes such Gaming Device (A) has applied for a determination finding of suitability by the State Gaming Agency at least fifteen (15) days before it is offered for play, (B) has not been found to be unsuitable by the State Gaming Agency, and (C) has been licensed by the Tribal Gaming Agency; and; (ii2) The software for the game authorized for play on the Gaming Device has been tested, approved and certified by an independent or state governmental gaming test laboratory (the “Gaming Test Laboratory”) as operating in accordance with either the standards of Gaming Laboratories International, Inc. known as GLI-11 GLI-11, GLI- 12, GLI-21, and GLI-12GLI-26, or the technical standards approved by the State of Nevada, or such other technical standards as the State Gaming Agency and the Tribal Gaming Agency shall agree upon, which agreement shall not be unreasonably withheld, and a . (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 mail, unless the State Gaming Agency waives in writing receipt of copies of certification; and; (iii4) 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 insertion into the Gaming Device; and; (iv5) 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 manufacturer’s specifications.applicable Gaming Test Laboratory standards; (v6) The hardware and associated equipment for each the Gaming Device has been 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) Where either the 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), and the State Gaming Agency and the Tribe fail to agree to new standards within one hundred twenty (120) days of the request, the technical standards shall be those approved by the State of Nevada. (c) The Gaming Test Laboratory shall be an independent or state governmental gaming test laboratory recognized in the gaming industry which which (i) is competent and qualified to conduct scientific tests and evaluations of Gaming Devices, and (ii) is licensed or approved by any of the following states: Arizona, California, Colorado, Illinois, Indiana, Iowa, Michigan, Missouri, Nevada, New Jersey, or Wisconsin. The Tribal Gaming Agency shall submit to the State Gaming Agency documentation that demonstrates the Gaming Test Laboratory satisfies (i) and (ii) herein within thirty (30) days of the effective date of this Amended Compact, or if such use follows the such effective date, within fifteen (15) days prior to reliance thereon. If, at any time, the Gaming Test Laboratory license and/or approval required by (ii) herein is suspended or revoked by any of those states or the Gaming Test Laboratory is found unsuitable by the State Gaming Agency, then the State Gaming Agency may reject the use of the such Gaming Test Laboratory, and upon such rejection, the Tribal Gaming Agency shall ensure that the such Gaming Test Laboratory discontinues its responsibilities under this Sectionsection. (c) The State Gaming Agency may inspect the Gaming Devices in operation at a Gaming Facility on a random basis four (4) times annually to confirm that they operate and play properly pursuant to the manufacturer’s technical standards. During each random inspection, the State Gaming Agency shall inspect no more than five percent (5%) of the Gaming Devices in operation at the Gaming Facility and shall not remove a Gaming Device from service, except during inspection or testing, or from the Gaming Facility at any time, unless it obtains the concurrence of the Tribal Gaming Agency, which shall not be unreasonably withheld. The random inspections conducted pursuant to this subdivision shall occur during normal business hours from 7 a.m. to 5 p.m. outside of Fridays, weekends, and holidays. The State Gaming Agency shall provide notice to the Tribal Gaming Agency of such inspection prior to the commencement of the random inspection, and the Tribal Gaming Agency may accompany the State Gaming Agency inspector(s) during the inspection of the Gaming Devices. The State Gaming Agency may conduct additional inspections only upon reasonable belief of any irregularity and after informing the Tribal Gaming Agency of the basis for such belief. (d) The State Gaming Agency may review at a Gaming Facility during normal business hours the Tribe’s technical standards, regulations and internal controls applicable to the Tribe’s Gaming Devices. The Tribal Gaming Agency shall notify the State Gaming Agency of, and make available for review by the State Gaming Agency, any revisions to the Tribe’s technical standards, manuals, regulations and/or internal controls for the Tribe’s Gaming Devices. The notice shall be made at least thirty (30) days before the effective date of such revisions. Upon request by the State Gaming Agency, the Tribal Gaming Agency shall provide copies of specified portions of the technical standards, manuals, regulations and internal controls to the State Gaming Agency. (e) For purposes of this Section 7.5, the State Gaming Agency shall be the California Gambling Control Commission, unless the State provides otherwise by written notice pursuant to Section 13.0.

Appears in 1 contract

Samples: Tribal State Compact

Testing of Gaming Devices. (a) No Gaming Device may be offered for play unless: (i) The manufacturer or distributor which sells, leases, or distributes such Gaming Device (A) has applied for a determination of suitability by the State Gaming Agency at least fifteen (15) days before it is offered for play, (B) has not been found to be unsuitable by the State Gaming Agency, and (C) has been licensed by the Tribal Gaming Agency; and (ii) The software for the game authorized for play on the Gaming Device has been tested, approved and certified by an independent or state governmental gaming test laboratory (the “Gaming Test Laboratory”) as operating in accordance with either the standards of Gaming Laboratories International, Inc. known as GLI-11 and GLI-12, or the technical standards approved by the State of Nevada, or such other technical standards as the State Gaming Agency and the Tribal Gaming Agency shall agree upon, which agreement shall not be unreasonably withheld, and a copy of the certification is provided to the State Gaming Agency by electronic transmission or by mail unless the State Gaming Agency waives in writing receipt of copies of certification; and (iii) 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 insertion into the Gaming Device; and (iv) The hardware and associated equipment for each type of Gaming Device has been tested by the Gaming Test Laboratory to ensure operation in accordance with the manufacturer’s specifications. (v) The hardware and associated equipment for each Gaming Device has been tested by the Tribal Gaming Agency to ensure operation in accordance with the manufacturer’s specifications. (b) The Gaming Test Laboratory shall be an independent or state governmental gaming test laboratory recognized in the gaming industry which which (i) is competent and qualified to conduct scientific tests and evaluations of Gaming Devices, and (ii) is licensed or approved by any of the following states: Arizona, California, Colorado, Illinois, Indiana, Iowa, Michigan, Missouri, Nevada, New Jersey, or Wisconsin. The Tribal Gaming Agency shall submit to the State Gaming Agency documentation that demonstrates the Gaming Test Laboratory satisfies (i) and (ii) herein within thirty (30) days of the effective date of this Amended Compact, or if such use follows the effective date, within fifteen (15) days prior to reliance thereon. If, at any time, the Gaming Test Laboratory license and/or approval required by (ii) herein is suspended or revoked by any of those states or the Gaming Test Laboratory is found unsuitable by the State Gaming Agency, then the State Gaming Agency may reject the use of the Gaming Test Laboratory, and upon such rejection, the Tribal Gaming Agency shall ensure that the Gaming Test Laboratory discontinues its responsibilities under this Section. (c) The State Gaming Agency may inspect the Gaming Devices in operation at a Gaming Facility on a random basis four (4) times annually to confirm that they operate and play properly pursuant to the manufacturer’s technical standards. During each random inspection, the State Gaming Agency shall inspect no more than five percent (5%) of the Gaming Devices in operation at the Gaming Facility and shall not remove a Gaming Device from service, except during inspection or testing, or from the Gaming Facility at any time, unless it obtains the concurrence of the Tribal Gaming Agency, which shall not be unreasonably withheld. The random inspections conducted pursuant to this subdivision shall occur during normal business hours from 7 a.m. to 5 p.m. outside of Fridays, weekends, and holidays. The State Gaming Agency shall provide notice to the Tribal Gaming Agency of such inspection prior to the commencement of the random inspection, and the Tribal Gaming Agency may accompany the State Gaming Agency inspector(s) during the inspection of the Gaming Devices. The State Gaming Agency may conduct additional inspections only upon reasonable belief of any irregularity and after informing the Tribal Gaming Agency of the basis for such belief. (d) The State Gaming Agency may review at a Gaming Facility during normal business hours the Tribe’s technical standards, regulations and internal controls applicable to the Tribe’s Gaming Devices. The Tribal Gaming Agency shall notify the State Gaming Agency of, and make available for review by the State Gaming Agency, any revisions to the Tribe’s technical standards, manuals, regulations and/or internal controls for the Tribe’s Gaming Devices. The notice shall be made at least thirty (30) days before the effective date of such revisions. Upon request by the State Gaming Agency, the Tribal Gaming Agency shall provide copies of specified portions of the technical standards, manuals, regulations and internal controls to the State Gaming Agency. (e) For purposes of this Section 7.5, the State Gaming Agency shall be the California Gambling Control Commission, unless the State provides otherwise by written notice pursuant to Section 13.0.

Appears in 1 contract

Samples: Tribal State Compact

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!