Common use of Appointment as Agent Clause in Contracts

Appointment as Agent. Subject to the terms and conditions of this Management Agreement, Pawnee hereby appoints Lakes to act as the exclusive agent for Pawnee for all matters related to the management of the operations of the Project Facilities and the Project during the term of this Management Agreement. Lakes' agency responsibilities shall include, among other things, maintenance and improvement of the Project Facilities, management and operation of the Project's Class II and/or Class III Gaming activities within the Gaming Facility, and all other revenue producing activities that are conducted by the Project in the Ancillary Facilities, such as the sale of food and beverages. Lakes accepts such appointment as Pawnee's exclusive agent for the term of this Management Agreement. Subject to the provisions of this Management Agreement and specifically the restrictions in this Article 2 and the budget provisions in Article 5 hereof, Lakes shall have, and Pawnee does hereby grant to Lakes, the power and authority as agent for Pawnee, to exercise the rights of Pawnee under and to execute, modify, or amend any contracts associated with the operations of the Project Facilities and Project (excluding this Management Agreement or compacts or other agreements with the State or any other governmental agency, which shall remain the sole and exclusive authority of the Pawnee Nation), including, without limitation, purchase orders, equipment and retail leases, contracts for services, including utilities, and maintenance and repair services, relating to the operation of the Project Facilities and the Project except for real estate agreements and contracts (excluding retail leases); provided, however, that in no event shall Lakes execute any contracts or agreements which require payments exceeding $250,000 in the aggregate, or which have a term exceeding one (1) year. The duties and authorities of Lakes shall be subject in all events to receipt of all necessary licenses, consents or approvals from the Gaming Commission.

Appointment as Agent. Subject to the terms and conditions of this Management Agreement, Pawnee Iowa Corp hereby appoints Lakes to act as the exclusive agent for Pawnee Iowa Corp for all matters related to the management of the operations of the Project Facilities and the Project during the term of this Management Agreement. Lakes' agency responsibilities shall include, among other things, maintenance and improvement of the Project Facilities, management and operation of the Project's Class II and/or Class III Gaming activities within the Gaming Facility, and all other revenue producing activities that are conducted by the Project in the Ancillary Facilities, such as the sale of food and beverages. Lakes accepts such appointment as PawneeIowa Corp's exclusive agent for the term of this Management Agreement. Subject to the provisions of this Management Agreement and specifically the restrictions in this Article 2 and the budget provisions in Article 5 hereof, Lakes shall have, and Pawnee Iowa Corp does hereby grant to Lakes, the power and authority as agent for PawneeIowa Corp, to exercise the rights of Pawnee Iowa Corp under and to execute, modify, or amend any contracts associated with the operations of the Project Facilities and Project (excluding this Management Agreement or compacts or other agreements with the State or any other governmental agency, which shall remain the sole and exclusive authority of the Pawnee NationIowa Tribe), including, without limitation, purchase orders, equipment and retail leases, contracts for services, including utilities, and maintenance and repair services, relating to the operation of the Project Facilities and the Project except for real estate agreements and contracts (excluding retail leases); provided, however, that in no event shall Lakes execute any contracts or agreements which require payments exceeding $250,000 in the aggregate, or which have a term exceeding one (1) year. The duties and authorities of Lakes shall be subject in all events to receipt of all necessary licenses, consents or approvals from the Gaming Commission.

Appointment as Agent. Subject to the terms and conditions of this Management Agreement, Pawnee and provided that the Development Agreement has not been terminated before the Commencement Date, the Tribe hereby appoints Lakes Manager to act as the exclusive agent for Pawnee the Tribe for all matters related to the management of the operations of the Project Facilities Facility and the Project Enterprise during the term of this Management Agreement. Lakes' Manager's agency responsibilities shall include, among other things, maintenance and improvement of the Project FacilitiesFacility, management and operation of the ProjectEnterprise's Class II and/or Class III Gaming activities within the Gaming Facility, and all other revenue producing activities that are conducted by the Project in the Ancillary FacilitiesEnterprise, such as the sale of food and beveragesbeverages in the Facility. Lakes Manager accepts such appointment as Pawneethe Tribe's exclusive agent for the term of this Management Memorandum of Agreement. Subject to the provisions of this Management Memorandum of Agreement and specifically the restrictions in this Article 2 and the budget provisions in Article 5 hereof, Lakes Manager shall have, and Pawnee the Tribe does hereby grant to LakesManager, the power and authority as agent for Pawneethe Tribe, to exercise the rights of Pawnee the Tribe under and to execute, modify, or amend any contracts associated with the operations of the Project Facilities Facility and Project Enterprise (excluding this Management Agreement or compacts or other agreements with the State or any other governmental agency, which shall remain the sole and exclusive authority of the Pawnee NationAgreement), including, without limitation, purchase orders, equipment and retail leases, contracts for services, including utilities, and maintenance and repair services, relating to the operation of the Project Facilities Facility and the Project Enterprise except for real estate agreements and contracts (excluding retail leases), or compacts or other agreements with the State or any other governmental agency, which shall remain the sole and exclusive authority of the Tribe; provided, however, that in no event shall Lakes Manager execute any contracts or agreements which require payments exceeding $250,000 in the aggregate, or which have a term exceeding one (1) year. The duties and authorities of Lakes Manager shall be subject in all events to receipt of all necessary licenses, consents or approvals from the Gaming Commission.

Appointment as Agent. Subject to the terms and conditions of this Management Agreement, Pawnee Kickapoo hereby appoints Lakes to act as the exclusive agent for Pawnee Kickapoo for all matters related to the management of the operations of the Project Facilities and the Project during the term of this Management Agreement. Lakes' agency responsibilities shall include, among other things, maintenance and improvement of the Project Facilities, management and operation of the Project's Class II and/or Class III Gaming activities within the Gaming Facility, and all other revenue producing activities that are conducted by the Project in the Ancillary Facilities, such as the sale of food and beverages. Lakes accepts such appointment as PawneeKickapoo's exclusive agent for the term of this Management Agreement. Subject to the provisions of this Management Agreement and specifically the restrictions in this Article 2 and the budget provisions in Article 5 hereof, Lakes shall have, and Pawnee Kickapoo does hereby grant to Lakes, the power and authority as agent for PawneeKickapoo, to exercise the rights of Pawnee Kickapoo under and to execute, modify, or amend any contracts associated with the operations of the Project Facilities and Project (excluding this Management Agreement or compacts or other agreements with the State or any other governmental agency, which shall remain the sole and exclusive authority of the Pawnee NationKickapoo Tribe), including, without limitation, purchase orders, equipment and retail leases, contracts for services, including utilities, and maintenance and repair services, relating to the operation of the Project Facilities and the Project except for real estate agreements and contracts (excluding retail leases); provided, however, that in no event shall Lakes execute any contracts or agreements which require payments exceeding $250,000 in the aggregate, or which have a term exceeding one (1) year. The duties and authorities of Lakes shall be subject in all events to receipt of all necessary licenses, consents or approvals from the Gaming Commission.