§ 1341. Licensee leases and contracts. 1. Unless otherwise provided in
this subdivision, no agreement shall be lawful which provides for the
payment, however defined, of any direct or indirect interest, percentage
or share of: any money or property gambled at a gaming facility; any
money or property derived from gaming activity; or any revenues, profits
or earnings of a gaming facility. Notwithstanding the foregoing:

(a) Agreements which provide only for the payment of a fixed sum which
is in no way affected by the amount of any such money, property,
revenues, profits or earnings shall not be subject to the provisions of
this subdivision; and receipts, rentals or charges for real property,
personal property or services shall not lose their character as payments
of a fixed sum because of contract, lease, or license provisions for
adjustments in charges, rentals or fees on account of changes in taxes
or assessments, cost-of-living index escalations, expansion or
improvement of facilities, or changes in services supplied.

(b) Agreements between a gaming facility licensee and a junket
enterprise or junket representative licensed, qualified or registered in
accordance with the provisions of this article and the regulations of
the commission that provide for the compensation of the junket
enterprise or junket representative by the gaming facility licensee
based upon the actual gaming activities of a patron procured or referred
by the junket enterprise or junket representative shall be lawful if
filed with the commission prior to the conduct of any junket that is
governed by the agreement.

(c) Agreements between a gaming facility licensee and its employees
which provide for gaming employee or casino key employee profit sharing
shall be lawful if the agreement is in writing and filed with the
commission prior to its effective date. Such agreements may be reviewed
by the commission.

(d) Agreements to lease an approved gaming facility or the land
thereunder and agreements for the complete management of all gaming
operations in a gaming facility shall not be subject to the provisions
of this subdivision.

(e) Agreements which provide for percentage charges between the gaming
facility licensee and a holding company or intermediary company of the
gaming facility licensee shall be in writing and filed with the
commission but shall not be subject to the provisions of this
subdivision.

(f) Written agreements relating to the operation of multi-casino or
multi-state progressive slot machine systems between one or more gaming
facility licensees and a licensed casino vendor enterprise or an
eligible applicant for such license, which provide for an interest,
percentage or share of the gaming facility licensee's revenues, profits
or earnings from the operation of such multi-casino or multi-state
progressive slot machines to be paid to the casino vendor enterprise
licensee or applicant shall not be subject to the provisions of this
subdivision if the agreements are filed with and approved by the
commission.

2. Each gaming facility applicant or licensee shall maintain, in
accordance with the rules of the commission, a record of each written or
unwritten agreement regarding the realty, construction, maintenance, or
business of a proposed or existing gaming facility or related facility.
The foregoing obligation shall apply regardless of whether the gaming
facility applicant or licensee is a party to the agreement. Any such
agreement may be reviewed by the commission on the basis of the
reasonableness of its terms, including the terms of compensation, and of
the qualifications of the owners, officers, employees, and directors of
any enterprise involved in the agreement, which qualifications shall be
reviewed according to the standards enumerated in section one thousand
three hundred twenty-three of this article. If the commission
disapproves such an agreement or the owners, officers, employees, or
directors of any enterprise involved therein, the commission may require
its termination.

Every agreement required to be maintained, and every related agreement
the performance of which is dependent upon the performance of any such
agreement, shall be deemed to include a provision to the effect that, if
the commission shall require termination of an agreement, such
termination shall occur without liability on the part of the gaming
facility applicant or licensee or any qualified party to the agreement
or any related agreement. Failure expressly to include such a provision
in the agreement shall not constitute a defense in any action brought to
terminate the agreement. If the agreement is not maintained or presented
to the commission in accordance with commission regulations, or the
disapproved agreement is not terminated, the commission may pursue any
remedy or combination of remedies provided in this article.

For the purposes of this subdivision, "gaming facility applicant"
includes any person required to hold a gaming facility license who has
applied to the commission for a gaming facility license or any approval
required.

3. Nothing in this article shall be deemed to permit the transfer of
any license, or any interest in any license, or any certificate of
compliance or any commitment or reservation without the approval of the
commission.