Kansas Statutes 74-8754. Claims; state and state officials held harmless; insurance provisions
Terms Used In Kansas Statutes 74-8754
- Commission: means the Kansas lottery commission. See Kansas Statutes 74-8702
- Executive director: means the executive director of the Kansas lottery. See Kansas Statutes 74-8702
- Lottery facility games: means any electronic gaming machines and any other games that are authorized to be conducted or operated at any licensed gaming facilities in the United States. See Kansas Statutes 74-8702
- Lottery gaming facility: means that portion of a building used for the purposes of operating, managing and maintaining lottery facility games. See Kansas Statutes 74-8702
- Lottery gaming facility manager: means a corporation, limited liability company, resident Kansas American Indian tribe or other business entity authorized to construct and manage, or manage alone, pursuant to a lottery gaming facility management contract with the Kansas lottery, and on behalf of the state, a lottery gaming enterprise and lottery gaming facility. See Kansas Statutes 74-8702
- Racetrack gaming facility: means that portion of a parimutuel licensee location where electronic gaming machines are operated, managed and maintained. See Kansas Statutes 74-8702
- Racetrack gaming facility manager: means a parimutuel licensee specifically certified by the Kansas lottery to become a certified racetrack gaming facility manager and offer electronic gaming machines for play at the racetrack gaming facility. See Kansas Statutes 74-8702
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
Each lottery gaming facility manager and each racetrack gaming facility manager shall hold the executive director, the commission and the state harmless from and defend any and all claims which may be asserted against the executive director, the commission and the state, or the agents or employees thereof, arising from the operation of electronic gaming machines, lottery facility games or other lottery-type games pursuant to the Kansas expanded lottery act. This section may be satisfied by procurement of insurance by the lottery gaming facility manager or racetrack gaming facility manager, naming the executive director, the commission and the state as additional insured parties. Procurement of such insurance by a lottery gaming facility manager shall be a lottery gaming facility expense of the lottery gaming facility and procurement of such insurance by a racetrack gaming facility manager shall be a racetrack gaming facility expense of the racetrack gaming facility. The provisions of this section shall not apply to any claims arising from a negligent act or omission or willful or malicious misconduct of the executive director, the commission or the state, or the agents or employees thereof.