“Arbitration” means the Judicial Arbitration and Mediation Services (“JAMS”) comprehensive arbitration process that follows exhaustion of the Tribal dispute process set forth in this article.

“Award” means money damages that are payable to compensate for any injury recognized under this article. Award shall not include punitive damages.

“Casino” means the Rain Rock Casino operated by the Tribe.

“Certified claim” is a claim that the Claims Administrator has certified as complying with all procedural and substantive requirements of this article.

“Claim” means a written document, together with supporting information and documentation, submitted by a claimant pursuant to the procedures and requirements set forth in KTC 6.10.400, seeking monetary damages for a compensable injury covered by the Tribe’s liability insurance policy.

“Claimant” means a person who submits a claim in accordance with the provisions of this article.

“Claims Administrator” means the person or entity assigned to receive, investigate, evaluate, negotiate and determine the resolution of claims filed under this article.

“Compact” means the Tribal-State Gaming Compact between the Tribe and the state of California, executed on November 19, 2014.

“Compensable injury” means an injury to person or property that occurs on the premises of the gaming facility or results from the entry onto the Tribe’s land for purposes of patronizing or providing goods or services to the gaming facility, which results in monetary damages, and was actually and proximately caused by the negligent or intentional act of an official, agent or employee of the Tribe. Compensable injury does not include any injury allegedly sustained by an official, agent or employee of the Tribe in connection with his/her employment or performance of official duties. “Compensable injury” does not include any injury proximately caused by a negligent or intentional act that was committed outside the course and scope of the employment and/or authority of an official, employee, or agent of the Tribe. Compensable injury does not include any negligent or intentional act or omission of a patron at the gaming facility.

“Day” means all days of a calendar year inclusive of weekdays, weekends, and holidays.

“Determination” means the written resolution, by the Claims Administrator, of a claim timely filed under this article.

“Employee” means a part or full time employee of the Tribe’s gaming operation when acting during the course and within the scope of their employment. This term includes officers and directors of the gaming facility when they are acting to fulfill their duties to the gaming facility. This does not include agents or representatives of the United States or of the state of California or any of their political subdivisions, or any official of the Tribe acting in any capacity other than fulfilling his or her duties to the gaming facility.

“Gaming activities” means the Class III gaming activities authorized under the Compact.

“Gaming facility” is any building in which Class III gaming activities or gaming operations occur on Tribal lands over which the Tribe exercises jurisdiction, excluding off-site facilities dedicated to document storage.

“Injury” or “injuries” means a claim of bodily injury, personal injury or property damage arising out of, connected with, or relating to the operation of the Tribe’s gaming operation or gaming facility, including but not limited to injuries resulting from the entry onto the Tribe’s land for purposes of patronizing the gaming facility or providing goods or services to the gaming facility, provided such claim would constitute a tort under California state and Tribal law; and further provided, that such claim is expressly covered by the Class III gaming liability insurance of the Tribe without regard to any deductible amount contained in the Class III gaming insurance policy.

“Insurance carrier” means the company that processes claims under the Tribe’s insurance policy or policies and which has been delegated responsibility by the underwriter for adjusting claims, including the evaluation of claims for possible settlement or defense.

“Operation management” means the gaming operation’s designated management staff.

“Person” means any individual.

“Rejected claim” is a claim that the Claims Administrator declines to certify because the claimant has failed to comply with one (1) or more procedural requirements as provided herein, including deadlines for filing claims or the provision of sufficient information or supporting documentation.

“Tribal Council” shall refer to the Karuk Tribal Council.

“Tribe” means the Karuk Tribe. [Res. 18-R-038 § 4, 4/10/2018.]