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EXECUTIVE EMPLOYMENT AGREEMENT

Executive Employment Agreement

EXECUTIVE EMPLOYMENT AGREEMENT | Document Parties: INN OF THE MOUNTAIN GODS RESORTS & CASINO You are currently viewing:
This Executive Employment Agreement involves

INN OF THE MOUNTAIN GODS RESORTS & CASINO

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Title: EXECUTIVE EMPLOYMENT AGREEMENT
Date: 12/14/2007

EXECUTIVE EMPLOYMENT AGREEMENT, Parties: inn of the mountain gods resorts & casino
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Exhibit 10.8
EXECUTIVE EMPLOYMENT AGREEMENT
(TEMPORARY)
     This Employment Agreement (“Agreement”), including the attached Exhibit “A,” is entered into between the Inn of the Mountain Gods Resort and Casino, a Mescalero Apache Tribal enterprise, having offices at 287 Carrizo Canyon Road, Mescalero, New Mexico 88340 (“Employer”), and Melissa S. Linton, CPA, MBA, an individual currently residing at Ruidoso, New Mexico (“Employee”), to be effective as of 5 th day of December, 2007 (the “Effective Date”).
WITNESSETH
      WHEREAS, Employer desires to temporarily employ Employee in the position set forth on Exhibit “A” and under the terms and conditions set forth in this Employment Agreement;
      WHEREAS, Employee is willing to accept temporary employment with Employer under the terms and conditions set forth in this Employment Agreement;
      WHEREAS, the temporary nature of the Employment Agreement between Employer and Employee, same shall be an at will employment; and
      NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and obligations contained herein, Employer and Employee agree as follows:
ARTICLE 1: EMPLOYMENT AND DUTIES:
     1.1 Employer agrees to employ Employee, and Employee agrees to be employed by Employer, beginning as of the Effective Date and continuing until the date set forth on Exhibit “A” (the “Term”), subject to the terms and conditions of this Agreement.
     1.2 Employee initially shall be employed in the position set forth on Exhibit “A.” Employer may subsequently assign Employee to a different position or modify Employee’s duties and responsibilities; Employee agrees to serve in the assigned position and to perform diligently and to the best of Employee’s abilities the duties and services appertaining to such position as determined by Employer, as well as such additional or different duties and services appropriate to such position which Employee from time to time may be reasonably directed to perform by Employer. Employee shall at all times comply with and be subject to such policies and procedures as Employer may establish from time to time.
     1.3 Employee shall, during the period of Employee’s employment by Employer, devote Employee’s full business time, energy, and best efforts to the business and affairs of Employer and its Enterprises or other entities. Employee may not engage, directly or indirectly, in any other business, investment, or activity that interferes with Employee’s performance of Employee’s duties hereunder, is contrary to the interests of Employer, or requires any significant portion of Employee’s business time.

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     1.4 In connection with Employee’s employment by Employer, Employer shall endeavor to provide Employee access to such information pertaining to the business and services of Employer as is appropriate for Employee’s employment responsibilities.
     1.5 Employee acknowledges and agrees that at all times during the employment relationship Employee owes fiduciary duties to Employer, including but not limited to the fiduciary duties of the highest loyalty, fidelity and allegiance to act at all times in the best interests of the Employer, to make full disclosure to Employer of all information that pertains to Employer’s business and interests, to do no act which would injure Employer’s business, its interests, or its reputation, and to refrain from using for Employee’s own benefit or for the benefit of others any information or opportunities pertaining to Employer’s business or interests that are entrusted to Employee or that Employee learned while employed by Employer. Employee acknowledges and agrees that upon termination of the employment relationship, Employee shall continue to refrain from using for Employee’s own benefit or the benefit of others any information or opportunities pertaining to Employer’s business or interests that were entrusted to Employee during the employment relationship or that Employee learned while employed by Employer. Employee agrees that while employed by Employer and thereafter Employee shall not knowingly take any action that interferes with the internal relationships between Employer and its employees or representatives or interferes with the external relationships between Employer and third parties.
     1.6 Employee understands and acknowledges that this is an at will employment . Employee understands and acknowledges that the terms and conditions of this Agreement constitute confidential information. Employee shall keep confidential the terms of this Agreement and shall not disclose this confidential information to anyone other than as required by law. Employee acknowledges and understands that disclosure of the terms of this Agreement constitutes a material breach of this Agreement and could subject Employee to disciplinary action, including without limitation, termination of employment.
ARTICLE 2: COMPENSATION AND BENEFITS:
     2.1 Based on the temporary nature of the Employment arrangement between Employer and Employee, Employee shall not participate in the benefit package available for permanent employees.
     2.2 The temporary Employee acknowledges that two (2) holidays will be celebrated during the time that Employee is employed as a temporary Employee. Employee shall be entitled to a leave from the job for a period of December 24-25, 2007 and for New Years day, 2008.
     2.3 Any further leave from the position by Employee after requesting such leave, shall be by deduction for the day or days as personal leave.

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     2.4 All calculations for pay to Employee will be on the basis of $22,500.00 per month. Where applicable, the first pay period and the last period may be prorated to coincide with the payroll closing date for the Employer.
     2.5 While employed by Employer, Employee shall be entitled to reimbursement for all reasonable expenses, including travel and entertainment, incurred by Employee in the performance of Employee’s duties. Where time allows, any such request for expenditure shall be approved in advance by the Chief Operating Officer. Employee will maintain records and written receipts as required by the Employer’s policy and reasonably requested by the Employer to substantiate such expenses.
     2.6 Employer may withhold from any compensation, benefits, or amounts payable under this Agreement all federal, state, or other taxes as may be required pursuant to any law or governmental regulation or ruling.
ARTICLE 3: TERMINATION PRIOR TO EXPIRATION OF TERM AND EFFECTS OF SUCH TERMINATION:
     3.1 As set forth above, the employment of Employee is on a temporary basis. Either Employer or Employee upon the giving of two weeks notice, may terminate this agreement at any time during the term of the Executive Employment Agreement (Temporary). In the event of any termination, wages shall be paid to Employee through the last day of such employment.
ARTICLE 4: CONTINUATION OF EMPLOYMENT BEYOND TERM; TERMINATION AND EFFECTS OF TERMINATION:
     4.1 The present agreement between Employer and Employee is for the employment of Employee for Ninety (90) days. Without committing either party to future employment the parties agree that they will visit the future status and employment of Employee at the conclusion of the term of this Agreement. Should the Employment of the Employee continue beyond the expiration of the terms specified on Exhibit “A”, such employment shall continue as an at will employment under the same terms and conditions as set forth herein. Upon such termination of the employment relationship between Employer and Employee, for any reason whatsoever, all future compensation to which Employee is entitled and all future benefits for which Employee is eligible shall cease and terminate. Employee shall be entitled to prorata salary through the date of such termination.
ARTICLE 5: MESCALERO APACHE TRIBE LAWS, MESCALERO APACHE TRIBAL GAMING COMMISSION REGULATIONS AND UNITED STATES INDIAN GAMING REGULATORY ACT AND OTHER LAWS:
     5.1 Employee shall at all times comply with applicable Mescalero Apache Tribal laws, Mescalero Apache Tribal Gaming Commission regulations and United States laws applicable to Employee’s actions on behalf of Employer, including specifically, without limitation, the Tribal Gaming Ordinance and the United States Indian Gaming Regulatory Act, generally codified in 25 USC 2701 (“IGRA”), as the IGRA may hereafter be

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amended, and/or its successor statutes. If Employee pleads guilty to or nolo contendere or admits civil or criminal liability under the IGRA or other applicable United States law, or if a court finds that Employee has personal civil or criminal liability under the IGRA or other applicable United States law, or if a co

 
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