Common use of Certain Remedies Clause in Contracts

Certain Remedies. If an Event of Default shall have occurred and be continuing, Landlord may (a) terminate this Master Lease by giving Tenant no less than ten (10) days’ notice of such termination and the Term shall terminate and all rights of Tenant under this Master Lease shall cease, (b) seek damages as provided in Section 16.3 hereof, and/or (c) exercise any other right or remedy at law or in equity available to Landlord as a result of any Event of Default. Tenant shall pay as Additional Charges all costs and expenses incurred by or on behalf of Landlord, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Master Lease has been terminated pursuant to the first sentence of this Section 16.2, Tenant shall, to the extent permitted by law (including applicable Gaming Regulations), if required by Landlord to do so, immediately surrender to Landlord possession of all or any portion of the Leased Property (including any Tenant Capital Improvements of the Facilities) as to which Landlord has so demanded and quit the same and Landlord may, to the extent permitted by law (including applicable Gaming Regulations), enter upon and repossess such Leased Property and any Capital Improvement thereto by reasonable force, summary proceedings, ejectment or otherwise, and, to the extent permitted by law (including applicable Gaming Regulations), may remove Tenant and all other Persons and any of Tenant’s Property from such Leased Property (including any such Tenant Capital Improvement thereto).

Certain Remedies. If an Event of Default shall have occurred and be continuing, Landlord may (a) terminate this Master Lease by giving Tenant no less than ten (10) days’ notice of such termination and the Term shall terminate and all rights of Tenant under this Master Lease shall cease, (b) seek damages as provided in Section 16.3 hereof, and/or (c) exercise any other right or remedy at law or in equity available to Landlord as a result of any Event of Default. Tenant shall pay as Additional Charges all costs and expenses incurred by or on behalf of Landlord, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. Landlord hereby acknowledges and agrees that if prior to the expiration or termination of the Development Agreement Landlord exercises its remedies under Section 16.2(a), then Landlord shall, concurrently with its termination of this Master Lease, terminate the Development Agreement as a result of such ML Developer Default. If an Event of Default shall have occurred and be continuing, whether or not this Master Lease has been terminated pursuant to the first sentence of this Section 16.2, Tenant shall, to the extent permitted by law (including applicable Gaming Regulations), if required by Landlord to do so, immediately surrender to Landlord possession of all or any portion of the Leased Property (including any Tenant Capital Improvements of the Facilities) as to which Landlord has so demanded and quit the same and Landlord may, to the extent permitted by law (including applicable Gaming Regulations), enter upon and repossess such Leased Property and any Capital Improvement thereto by reasonable force, summary proceedings, ejectment or otherwise, and, to the extent permitted by law (including applicable Gaming Regulations), may remove Tenant and all other Persons and any of Tenant’s Property from such Leased Property (including any such Tenant Capital Improvement thereto).

Certain Remedies. (a) If an Event of Default shall have occurred and be continuing, Landlord may (ai) terminate this Master Lease by giving Tenant no less than ten (10) days’ notice Notice of such termination and the Term shall terminate and all rights of Tenant under this Master Lease shall cease, (bii) seek damages as provided in Section 16.3 hereof, and/or (ciii) exercise any other right or remedy at law or in equity available to Landlord as a result of any Event of Default. Tenant shall pay as Additional Charges all costs and expenses incurred by or on behalf of Landlord, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Master Lease has been terminated pursuant to the first sentence of this Section 16.2, Tenant shall, to the extent permitted by law (including applicable Gaming Regulations), if required by Landlord to do so, immediately surrender to Landlord possession of all or any portion of the Leased Property (including any Tenant Capital Improvements of the FacilitiesImprovements) as to which Landlord has so demanded and quit the same and Landlord may, to the extent permitted by law (including applicable Gaming Regulations), enter upon and repossess such Leased Property and any Capital Improvement thereto by reasonable force, summary proceedings, ejectment or otherwise, and, to the extent permitted by law (including applicable Gaming Regulations), may remove Tenant and all other Persons and any of Tenant’s Property from such Leased Property Property. (including any b) Notwithstanding anything contained herein to the contrary, Landlord shall not be entitled to terminate this Lease by reason of an Event of Default (but Landlord may exercise all other rights and remedies), unless and until Landlord has, following the occurrence of an Event of Default, delivered a notice (“Event of Default Notice”) to Tenant stating the Event of Default, and containing the following caption (in bold 16 point type), and Tenant has failed to cure such Tenant Capital Improvement thereto).Event(s) of Default within ten (10) days of its receipt of the Event of Default Notice:

Certain Remedies. If an Event of Default shall have occurred and be continuing, Landlord may (ai) terminate this Master Lease by giving Tenant no less than ten (10) days’ notice Notice of such termination and the Term shall terminate and all rights of Tenant under this Master Lease shall cease, (bii) seek damages as provided in Section 16.3 hereof, 13.3 and/or (ciii) exercise any other right or remedy at law or in equity available to Landlord as a result of any Event of Default. Tenant shall pay as Additional Charges all costs and expenses incurred by or on behalf of Landlord, including reasonable attorneys’ fees and expenses, and court costs, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Master Lease has been terminated pursuant to the first sentence of this Section 16.213.2, Tenant shall, to the extent permitted by law (including applicable Gaming Regulations)law, if required by Landlord to do so, immediately surrender to Landlord possession of all or any portion of the Leased Property (including any Tenant Capital Improvements of the Facilities) as to which Landlord ▇▇▇▇▇▇▇▇ has so demanded and quit the same and Landlord may, to the extent permitted by law (including applicable Gaming Regulations)law, enter upon and repossess such Leased Property and any Capital Improvement thereto by reasonable force, summary proceedings, ejectment or otherwise, and, to the extent permitted by law (including applicable Gaming Regulations)law, may remove Tenant and all other Persons and any of Tenant’s Property from such Leased Property (including all Alterations), but in no event shall Tenant be obligated to remove any such Tenant Capital Improvement thereto)Alterations that are owned or are deemed to be owned by Landlord under this Master Lease.

Certain Remedies. If an Event of Default shall have occurred and be continuing, Landlord may (a) terminate this Master Lease by giving Tenant no less than ten (10) days’ notice Notice of such termination and the Term shall terminate and all rights of Tenant under this Master Lease shall cease, (b) seek damages as provided in Section 16.3 hereof, and/or (c) exercise any other right or remedy at law or in equity available to Landlord as a result of any Event of Default. Tenant shall pay as Additional Charges all costs and expenses incurred by or on behalf of Landlord, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Master Lease has been terminated pursuant to the first sentence of this Section 16.2, Tenant shall, to the extent permitted by law (including applicable Gaming Communications Regulations), if required by Landlord to do so, immediately surrender to Landlord possession of all or any portion of the Leased Property (including any Tenant Capital Improvements of the Facilities) as to which Landlord has so demanded and quit the same and Landlord may, to the extent permitted by law (including applicable Gaming Communications Regulations), enter upon and repossess such Leased Property and any Capital Improvement thereto by reasonable force, summary proceedings, ejectment or otherwise, and, to the extent permitted by law (including applicable Gaming Communications Regulations), may remove Tenant and all other Persons and any of Tenant’s Property from such Leased Property (including any such Tenant Capital Improvement thereto).

Certain Remedies. If an Event of Default shall have occurred and be continuingoccurred, Landlord Lessor may (a) terminate this Master Lease with respect to the Facility from which such Event of Default emanated, if any, and any one or more (including all, if so elected by Lessor) of the Facilities, regardless of whether such Event of Default emanated primarily from a single Facility, by giving Tenant no less than ten (10) days’ Lessee notice of such termination and the Term shall terminate and all rights of Tenant Lessee under this Master Lease shall ceasecease with respect to all such Facilities as to which Lessor has elected to so terminate this Lease. Any such notice of termination may, (b) seek damages as provided in Section 16.3 hereofat Lessor’s option, and/or (c) exercise be given and exercised concurrently with any other right or remedy notice of Event of Default given by Lessor to Lessee hereunder. In such event, such termination shall be effective immediately upon the occurrence of the Event of Default. Lessor shall have all rights at law or and in equity available to Landlord Lessor as a result of any Event of Default. Tenant Lessee shall pay as Additional Charges all costs and expenses incurred by or on behalf of LandlordLessor, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Master Lease has been terminated with respect to any one or more (including all, if so elected by Lessor) of the Facilities pursuant to the first sentence of this Section 16.2, Tenant Lessee shall, to the extent permitted by law (including applicable Gaming Regulations)law, if required by Landlord Lessor so to do sodo, immediately surrender to Landlord Lessor possession of all or any portion of the Leased Property (including and any Tenant Capital Improvements Additions of the Facilities) Facilities as to which Landlord Lessor has so demanded elected to terminate this Lease and quit the same and Landlord may, to the extent permitted by law (including applicable Gaming Regulations), Lessor may enter upon and repossess such Leased Property and any such Capital Improvement thereto Additions by reasonable force, summary proceedings, ejectment or otherwise, and, to the extent permitted by law (including applicable Gaming Regulations), and may remove Tenant Lessee and all other Persons and any of TenantLessee’s Personal Property from such Leased Property (including any and such Tenant Capital Improvement thereto)Additions.

Certain Remedies. If an Event of Default shall have occurred and be continuingoccurred, Landlord Lessor may (a) terminate this Master Lease with respect to any one or more (including all, if so elected by Lessor) of the Facilities, regardless of whether such Event of Default emanated primarily from a single Facility, by giving Tenant no less than ten (10) days’ Lessee notice of such termination and the Term shall terminate and all rights of Tenant Lessee under this Master Lease shall cease, (b) seek damages cease with respect to all such Facilities as provided in Section 16.3 hereof, and/or (c) exercise any other right or remedy to which Lessor has elected to so terminate this Lease. Lessor shall have all rights at law or and in equity available to Landlord Lessor as a result of any Event of Default. Tenant Any such notice of termination may, at Lessor's option, be given and exercised concurrently with any notice of Event of Default given by Lessor to Lessee hereunder. In such event, such termination shall be effective immediately upon the occurrence of the Event of Default. Lessee shall pay as Additional Charges all costs and expenses incurred by or on behalf of LandlordLessor, including reasonable attorneys’ ' fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Master Lease has been terminated with respect to any one or more (including all, if so elected by Lessor) of the Facilities pursuant to the first sentence of this Section 16.2, Tenant Lessee shall, to the extent permitted by law (including applicable Gaming Regulations)law, if required by Landlord Lessor so to do sodo, immediately surrender to Landlord Lessor possession of all or any portion of the Leased Property (including and any Tenant Capital Improvements Additions of the Facilities) Facilities as to which Landlord Lessor has so demanded elected to terminate this Lease and quit the same and Landlord may, to the extent permitted by law (including applicable Gaming Regulations), Lessor may enter upon and repossess such Leased Property and any such Capital Improvement thereto Additions by reasonable force, summary proceedings, ejectment or otherwise, and, to the extent permitted by law (including applicable Gaming Regulations), and may remove Tenant Lessee and all other Persons and any of Tenant’s Lessee's Personal Property from such Leased Property (including any and such Tenant Capital Improvement thereto)Additions.

Certain Remedies. If an Event a claim under Section 1 is not paid in full by the Company within thirty (30) days after a written claim pursuant to Section 3 has been received by the Company, Indemnitee may at any time thereafter bring suit against the Company to recover the unpaid amount of Default the claim and, if successful in whole or in part, Indemnitee shall also be entitled to be paid the expense of prosecuting such suit. It shall be a defense to any such suit (other than a suit brought to enforce a claim for expenses incurred in defending any proceeding in advance of its final disposition where the required undertaking, if any, has been tendered to the Company) that Indemnitee has not met the standard of conduct which makes it permissible under Cayman Islands law for the Company to indemnify Indemnitee for the amount claimed; provided, however, that the burden of proving such defense shall be on the Company; and provided further that the termination of any Action by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendere or its equivalent, shall not create a presumption that Indemnitee did not meet such standard of conduct. Neither the failure of the Company (including the Board, Independent Counsel or shareholders) to have occurred and be continuing, Landlord may (a) terminate this Master Lease by giving Tenant no less than ten (10) days’ notice made a determination prior to the commencement of such termination and suit that indemnification of Indemnitee is proper in the Term circumstances because he has met the applicable standard of conduct under Cayman Islands law, nor an actual determination by the Company (including the Board, Independent Counsel or shareholders) that Indemnitee has not met such applicable standard of conduct, shall terminate and all rights of Tenant under this Master Lease shall cease, (b) seek damages as provided in Section 16.3 hereof, and/or (c) exercise any other right or remedy at law or in equity available to Landlord as be a result of any Event of Default. Tenant shall pay as Additional Charges all costs and expenses incurred by or on behalf of Landlord, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Master Lease has been terminated pursuant defense to the first sentence suit or create a presumption that Indemnitee has not met the applicable standard of this Section 16.2, Tenant shall, to the extent permitted by law (including applicable Gaming Regulations), if required by Landlord to do so, immediately surrender to Landlord possession of all or any portion of the Leased Property (including any Tenant Capital Improvements of the Facilities) as to which Landlord has so demanded and quit the same and Landlord may, to the extent permitted by law (including applicable Gaming Regulations), enter upon and repossess such Leased Property and any Capital Improvement thereto by reasonable force, summary proceedings, ejectment or otherwise, and, to the extent permitted by law (including applicable Gaming Regulations), may remove Tenant and all other Persons and any of Tenant’s Property from such Leased Property (including any such Tenant Capital Improvement thereto)conduct.

Certain Remedies. If an Event of Default shall have occurred and be continuing, Landlord may may: (a) terminate this Master Lease by giving Tenant no less than ten (10) days’ notice ' Notice of such termination and the Term shall terminate and all rights of Tenant under this Master Lease shall cease, ; (b) seek damages as provided in Section 16.3 hereof, and/or ; or (c) exercise any other right or remedy at law or in equity available to Landlord as a result of any Event of Default. Tenant shall pay as Additional Charges all costs and expenses incurred by or on behalf of Landlord, including reasonable attorneys’ ' fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Master Lease has been terminated pursuant to the first sentence of this Section 16.2, Tenant shall, to the extent permitted by law (including applicable Gaming Communications Regulations), if required by Landlord to do so, immediately surrender to Landlord possession of all or any portion of the Leased Property (including any Tenant Capital Improvements of the Facilities) as to which Landlord has so demanded and quit the same and Landlord may, to the extent permitted by law (including applicable Gaming Communications Regulations), enter upon and repossess such Leased Property and any Capital Improvement thereto by reasonable force, summary proceedings, ejectment or otherwise, and, to the extent permitted by law (including applicable Gaming Communications Regulations), may remove Tenant and all other Persons and any of Tenant’s 's Property from such Leased Property (including any such Tenant Capital Improvement thereto).

Certain Remedies. (a) If an Event of Default shall have occurred and be continuing, Landlord may take any or all of the following actions: (ai) terminate this Master Lease by giving Tenant no less than ten (10) days’ notice Notice of such termination and the Term shall terminate and all rights of Tenant under this Master Lease shall cease, ; (bii) seek damages as provided in Section 16.3 12.3 hereof; (iii) require Tenant to immediately surrender to Landlord possession of all or any portion of the Leased Assets (including any Capital Improvements), and/or and/or (civ) exercise any other right or remedy at law or in equity available to Landlord as a result of any Event of Default. . (b) Tenant shall pay as Additional Charges all costs and expenses actually incurred by or on behalf of Landlord, including reasonable attorneys’ fees and expenses, as a result because of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Master Lease has been terminated pursuant to In the first sentence of this event Landlord chooses the option set forth in Section 16.212.2(a)(iii) above, Tenant shall, to the extent permitted by law (including applicable Gaming Regulations), if required agrees that damages suffered by Landlord would be difficult or impossible to do socalculate, immediately surrender to Landlord possession of all or any portion of the Leased Property (including any Tenant Capital Improvements of the Facilities) as to which Landlord has so demanded and quit the same and accordingly Landlord may, to the extent permitted by law (including applicable Gaming Communications Regulations), enter upon and repossess such Leased Property and Assets (including any Capital Improvement thereto thereto) by reasonable force, summary proceedings, ejectment or otherwise, and, to the extent permitted by law (including applicable Gaming Communications Regulations), may remove Tenant and all other Persons and any of Tenant’s Property Tenant Assets from such Leased Property Assets (including any such Tenant Capital Improvement Improvements thereto). If Landlord initiates judicial proceedings or terminates this Master Lease pursuant to this Article XII, Tenant waives, to the extent permitted by applicable law: (i) any right of redemption, re-entry or repossession; and (ii) the benefit of any laws now or hereafter in force exempting property from liability for rent or for debt.

Certain Remedies. If an Event of Default shall have occurred and be continuing, Landlord may (a) terminate this ILEC Master Lease by giving Tenant no less than ten (10) days’ notice Notice of such termination and the Term shall terminate and all rights of Tenant under this ILEC Master Lease shall cease, (b) seek damages as provided in Section 16.3 hereof, (c) in Landlord’s sole discretion, elect not to fund any GCI work undertaken by Tenant under Section 10.2 of this ILEC Master Lease and/or (cd) exercise any other right or remedy at law or in equity available to Landlord as a result of any Event of Default. Tenant shall pay as Additional Charges all costs and expenses incurred by or on behalf of Landlord, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this ILEC Master Lease has been terminated pursuant to the first sentence of this Section 16.2, Tenant shall, to the extent permitted by law (including applicable Gaming Communications Regulations), if required by Landlord to do so, immediately surrender to Landlord possession of all or any portion of the Leased Property (including any Tenant Capital Improvements of the ILEC Facilities) as to which Landlord has so demanded and quit the same and Landlord may, to the extent permitted by law (including applicable Gaming Communications Regulations), enter upon and repossess such Leased Property and any Capital Improvement thereto by reasonable force, summary proceedings, ejectment or otherwise, and, to the extent permitted by law (including applicable Gaming Communications Regulations), may remove Tenant and all other Persons and any of Tenant’s Property from such Leased Property (including any such Tenant Capital Improvement thereto).. 7171 . Subject to Landlord’s option to receive liquidated damages under this Section 16.3, none of (i) the termination of this ILEC Master Lease, (ii) the repossession of the Leased Property (including any Capital Improvements to any ILEC Facility), (iii) the failure of Landlord to relet the Leased Property or any portion thereof, (iv) the reletting of all or any portion of the Leased Property, or (v) the inability of Landlord to collect or receive any rentals due upon any such reletting, shall relieve Tenant of its liabilities and obligations hereunder, all of which shall survive any such termination, repossession or reletting. Landlord and Tenant agree that Landlord shall have no obligation to mitigate Landlord’s damages under this ILEC Master Lease. If any such termination of this ILEC Master Lease occurs (whether or not Landlord terminates Tenant’s right to possession of the Leased Property), Tenant shall forthwith pay to Landlord all Rent due and payable under this ILEC Master Lease to and including the date of such termination. Thereafter: Tenant shall forthwith pay to Landlord, at Landlord’s option, as and for liquidated and agreed current damages for the occurrence of an Event of Default, either:

Certain Remedies. If an Event a claim under Section 1 is not paid in full by the Company within thirty (30) days after a written claim pursuant to Section 3 has been received by the Company, Indemnitee may at any time thereafter bring suit against the Company to recover the unpaid amount of Default the claim and, if successful in whole or in part, Indemnitee shall also be entitled to be paid the expense of prosecuting such suit. It shall be a defense to any such suit (other than a suit brought to enforce a claim for expenses incurred in defending any proceeding in advance of its final disposition where the required undertaking, if any, has been tendered to the Company) that Indemnitee has not met the standard of conduct which makes it permissible under the DGCL for the Company to indemnify Indemnitee for the amount claimed; provided, however, that the burden of proving such defense shall be on the Company; and provided further that the termination of any Action by judgment, order, settlement (whether with or without court approval) or conviction, or upon a plea of nolo contendere or its equivalent, shall not create a presumption that Indemnitee did not meet such standard of conduct. Neither the failure of the Company (including the Board, Independent Counsel or shareholders) to have occurred and be continuing, Landlord may (a) terminate this Master Lease by giving Tenant no less than ten (10) days’ notice made a determination prior to the commencement of such termination and suit that indemnification of Indemnitee is proper in the Term circumstances because he has met the applicable standard of conduct under the DGCL, nor an actual determination by the Company (including the Board, Independent Counsel or shareholders) that Indemnitee has not met such applicable standard of conduct, shall terminate and all rights of Tenant under this Master Lease shall cease, (b) seek damages as provided in Section 16.3 hereof, and/or (c) exercise any other right or remedy at law or in equity available to Landlord as be a result of any Event of Default. Tenant shall pay as Additional Charges all costs and expenses incurred by or on behalf of Landlord, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Master Lease has been terminated pursuant defense to the first sentence suit or create a presumption that Indemnitee has not met the applicable standard of this Section 16.2, Tenant shall, to the extent permitted by law (including applicable Gaming Regulations), if required by Landlord to do so, immediately surrender to Landlord possession of all or any portion of the Leased Property (including any Tenant Capital Improvements of the Facilities) as to which Landlord has so demanded and quit the same and Landlord may, to the extent permitted by law (including applicable Gaming Regulations), enter upon and repossess such Leased Property and any Capital Improvement thereto by reasonable force, summary proceedings, ejectment or otherwise, and, to the extent permitted by law (including applicable Gaming Regulations), may remove Tenant and all other Persons and any of Tenant’s Property from such Leased Property (including any such Tenant Capital Improvement thereto)conduct.

Certain Remedies. If Lessor shall have all remedies and rights provided under this Lease and/or otherwise available at law and in equity as a result of an Event of Default shall have occurred or Lessee's other breach under this Lease, including, to the extent permitted by the laws of the State, the right to appoint a receiver as a matter of strict right without regard to the solvency of Lessee, for the purpose of procuring the Leased Property, preventing waste, protecting and be continuing, Landlord may (a) terminate otherwise enforcing the provisions of this Master Lease by giving Tenant no less than ten (10) days’ notice of such termination and the Term shall terminate for any and all rights other purposes for which a receiver is allowed under the laws of Tenant under this Master Lease shall ceasethe State. Without limiting the foregoing, (b) seek damages as provided in Section 16.3 hereof, and/or (c) exercise any other right or remedy at law or in equity available to Landlord as a result of any Event of Default. Tenant shall pay as Additional Charges all costs and expenses incurred by or on behalf of Landlord, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If if an Event of Default shall have occurred occurs (and be continuingthe event giving rise to such Event of Default has not been cured within the curative period, if any, relating thereto as set forth in this Lease) whether or not this Master Lease has been terminated pursuant to the first sentence of this Section 16.2Paragraph 16.1, Tenant Lessee shall, to the extent permitted by law (including applicable Gaming Regulations)law, and if required by Landlord Lessor to do soso do, immediately surrender to Landlord possession of all or any portion of Lessor the Leased Property (including any Tenant Capital Improvements pursuant to the provisions of the Facilities) as to which Landlord has so demanded Paragraph 16.1 and quit the same and Landlord may, to the extent permitted by law (including applicable Gaming Regulations), Lessor may enter upon and repossess such the Leased Property and any Capital Improvement thereto Property, in person, by agent or by a court-appointed receiver, by reasonable force, summary proceedings, ejectment or otherwise, and, to the extent permitted by law (including applicable Gaming Regulations), and may remove Tenant Lessee and all other Persons persons and any of Tenant’s Property and all personal property from such the Leased Property (including subject to any such Tenant Capital Improvement thereto).requirements of law. Without limiting all other rights and remedies of

Certain Remedies. If an Event of a Developer Default shall have occurred and be continuing, Landlord Developer hereby agrees that Owner may elect any or all of the following remedies, in addition to any and all rights and remedies that may be available to Owner at law or in equity, any or all of which may be exercised at any time and from time to time whether or not Owner has exercised any of its other rights or remedies: (a) terminate this Master Lease Agreement by giving Tenant no less than ten (10) days’ Developer written notice of such termination and the Term thereof, in which case this Agreement shall terminate and all rights of Tenant Owner and Developer under this Master Lease Agreement shall cease, cease immediately upon the delivery of such written notice; (b) seek damages damages; (c) terminate the Lease and exercise any remedies available to Owner (as provided in Section 16.3 hereoflessor) thereunder; (d) declare that all amounts then due and payable by Developer to Owner under this Agreement are immediately due and payable and must be paid, reimbursed and/or returned (as applicable) by Developer to Owner upon demand; and/or (ce) exercise any other right remedy provided for in this Agreement including the construction-related remedies set forth in Section 6.3. Any such actions taken by Owner shall be cumulative and concurrent and may be pursued independently, singly, successively, together or remedy otherwise, at law or such time and in equity available to Landlord such order as a result of any Event of Default. Tenant shall pay as Additional Charges all costs and expenses incurred by or on behalf of Landlord, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Master Lease has been terminated pursuant to the first sentence of this Section 16.2, Tenant shallOwner may determine in its sole discretion, to the fullest extent permitted by law (including applicable Gaming Regulations)Legal Requirements, if required without impairing or otherwise affecting the other rights and remedies of Owner permitted by Landlord to do soapplicable Legal Requirements, immediately surrender to Landlord possession of all equity or any portion contract or as set forth herein. Without limiting the generality of the Leased Property foregoing, D▇▇▇▇▇▇▇▇ agrees that if a Developer Default is continuing, (including i) Owner is not subject to any Tenant Capital Improvements “one action” or “election of the Facilities) as to which Landlord has so demanded and quit the same and Landlord may, remedies” law or rule (to the extent permitted by law (including applicable Gaming Regulationsapplicable), enter upon and repossess such Leased Property (ii) all liens and any Capital Improvement thereto by reasonable forceother rights, summary proceedings, ejectment remedies or otherwise, and, privileges provided to the extent permitted by law (including applicable Gaming Regulations), may remove Tenant Owner shall remain in full force and all other Persons and any of Tenant’s Property from such Leased Property (including any such Tenant Capital Improvement thereto)effect.

Certain Remedies. If an Event of Default shall have occurred and be continuing, Landlord may (ai) terminate this Master Lease by giving Tenant no less than ten (10) 10 days’ notice Notice of such termination and the Term shall terminate and all rights of Tenant under this Master Lease shall cease, (bii) seek damages as provided in Section 16.3 hereof, 13.3 and/or (ciii) exercise any other right or remedy at law or in equity available to Landlord as a result of any Event of Default. Tenant shall pay as Additional Charges all costs and expenses incurred by or on behalf of Landlord, including reasonable attorneys’ fees and expenses, and court costs, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Master Lease has been terminated pursuant to the first sentence of this Section 16.213.2, Tenant shall, to the extent permitted by law (including applicable Gaming Regulations)law, if required by Landlord to do so, immediately surrender to Landlord possession of all or any portion of the Leased Property (including any Tenant Capital Improvements of the Facilities) as to which Landlord ▇▇▇▇▇▇▇▇ has so demanded and quit the same and Landlord may, to the extent permitted by law (including applicable Gaming Regulations)law, enter upon and repossess such Leased Property and any Capital Improvement thereto by reasonable force, summary proceedings, ejectment or otherwise, and, to the extent permitted by law (including applicable Gaming Regulations)law, may remove Tenant and all other Persons and any of Tenant’s Property from such Leased Property (including all Alterations), but in no event shall Tenant be obligated to remove any such Tenant Capital Improvement thereto)Alterations that are owned or are deemed to be owned by Landlord under this Master Lease.

Certain Remedies. If an Event of Default shall have occurred and be continuing, Landlord may (a) terminate this Master Lease by giving Tenant no less than ten (10) days’ notice of such termination and the Term shall terminate and all rights of Tenant under this Master Lease shall cease, (b) seek damages as provided in Section 16.3 hereof, and/or (c) exercise any other right or remedy at law or in equity available to Landlord as a result of any Event of Default. Tenant shall pay as Additional Charges all costs and expenses incurred by or on behalf of Landlord, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Master Lease has been terminated pursuant to the first sentence of this Section 16.2, Tenant shall, to the extent permitted by law (including applicable Gaming Regulations), if required by Landlord to do so, immediately surrender to Landlord possession of all or any portion of the Leased Property (including any Tenant Capital Improvements of the Facilities) as to which Landlord has so demanded and quit the same and Landlord may, to the extent permitted by law (including applicable Gaming Regulations), enter upon and repossess such Leased Property and any Capital Improvement thereto by reasonable force, summary proceedings, ejectment or otherwise, and, to the extent permitted by law (including applicable Gaming Regulations), may remove Tenant and all other Persons and any of Tenant’s Property from such Leased Property (including any such Tenant Capital Improvement thereto).. ACTIVE/119768607.18

Certain Remedies. If an Event of Default shall have occurred and be continuing, Landlord may (a) terminate this Master Lease by giving Tenant no less than ten (10) days’ notice of such termination and the Term shall terminate and all rights of Tenant under this Master Lease shall cease, (b) seek damages as provided in Section 16.3 hereof, and/or (c) exercise any other right or remedy at law or in equity available to Landlord as a result of any Event of Default. Tenant shall pay as Additional Charges all costs and expenses incurred by or on behalf of Landlord, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Master Lease has been terminated pursuant to the first sentence of this Section 16.2, Tenant shall, to the extent permitted by law (including applicable Gaming Regulations), if required by Landlord to do so, immediately surrender to Landlord possession of all or any portion of the Leased Property (including any Tenant Capital Improvements of the FacilitiesImprovements) and Tenant’s Property as to which Landlord has so demanded and quit the same and Landlord may, to the extent permitted by law (including applicable Gaming Regulations), enter upon and repossess such Leased Property, Tenant’ Property and any Capital Improvement thereto by reasonable force, summary proceedings, ejectment or otherwise, and, to the extent permitted by law (including applicable Gaming Regulations), may remove Tenant and all other Persons and any of Tenant’s Property from such the Leased Property (including any such Tenant Capital Improvement theretoImprovements).

Certain Remedies. If an Event of Default shall have occurred and be continuing, Landlord may (a) terminate this Master Lease by giving Tenant no less than ten (10) days’ notice of such termination and the Term shall terminate and all rights of Tenant under this Master Lease shall cease, (b) seek damages as provided in Section 16.3 hereof, and/or (c) exercise any other right or remedy at law or in equity available to Landlord as a result of any Event of Default. Tenant shall pay as Additional Charges all costs and expenses incurred by or on behalf of Landlord, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Master Lease has been terminated pursuant to the first sentence of this Section 16.2, Tenant shall, to the extent permitted by law (including applicable Gaming Regulations), if required by Landlord to do so, immediately surrender to Landlord possession of all or any portion of the Leased Property (including any Tenant Capital Improvements of the FacilitiesFacility) as to which Landlord has so demanded and quit the same and Landlord may, to the extent permitted by law (including applicable Gaming Regulations), enter upon and repossess such Leased Property and any Capital Improvement thereto by reasonable force, summary proceedings, ejectment or otherwise, and, to the extent permitted by law (including applicable Gaming Regulations), may remove Tenant and all other Persons and any of Tenant’s Property from such Leased Property (including any such Tenant Capital Improvement thereto).

Certain Remedies. If an Event of Default shall have occurred and be continuingoccurred, Landlord Lessor may (a) terminate this Master Lease with respect to the Facility from which such Event of Default emanated, if any, and any one or more (including all, if so elected by Lessor) of the Facilities, regardless of whether such Event of Default emanated primarily from a single Facility, by giving Tenant no less than ten (10) days’ Lessee notice of such termination and the Term shall terminate and all rights of Tenant Lessee under this Master Lease shall cease, (b) seek damages cease with respect to all such Facilities as provided in Section 16.3 hereof, and/or (c) exercise any other right or remedy to which L▇▇▇▇▇ has elected to so terminate this Lease. Lessor shall have all rights at law or and in equity available to Landlord Lessor as a result of any Event of Default. Tenant Lessee shall pay as Additional Charges all costs and expenses incurred by or on behalf of LandlordL▇▇▇▇▇, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Master Lease has been terminated with respect to any one or more (including all, if so elected by Lessor) of the Facilities pursuant to the first sentence of this Section 16.2, Tenant Lessee shall, to the extent permitted by law (including applicable Gaming Regulations)law, if required by Landlord Lessor so to do sodo, immediately surrender to Landlord Lessor possession of all or any portion of the Leased Property (including and any Tenant Capital Improvements Additions of the Facilities) Facilities as to which Landlord Lessor has so demanded elected to terminate this Lease and quit the same and Landlord may, to the extent permitted by law (including applicable Gaming Regulations), Lessor may enter upon and repossess such Leased Property and any such Capital Improvement Additions thereto by reasonable force, summary proceedings, ejectment or otherwise, and, to the extent permitted by law (including applicable Gaming Regulations), and may remove Tenant Lessee and all other Persons and any of TenantLessee’s Personal Property from such Leased Property (including any and such Tenant Capital Improvement Additions thereto).

Certain Remedies. If an Event of Default shall have occurred and be continuing, Landlord may (a) terminate this CLEC Master Lease by giving Tenant no less than ten (10) days’ notice ' Notice of such termination and the Term shall terminate and all rights of Tenant under this CLEC Master Lease shall cease, (b) seek damages as provided in Section 16.3 hereof, (c) in Landlord’s sole discretion, elect not to fund any GCI work undertaken by Tenant under Section 10.2 of this CLEC Master Lease and/or (cd) exercise any other right or remedy at law or in equity available to Landlord as a result of any Event of Default. Tenant shall pay as Additional Charges all costs and expenses incurred by or on behalf of Landlord, including reasonable attorneys’ ' fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this CLEC Master Lease has been terminated pursuant to the first sentence of this Section 16.2, Tenant shall, to the extent permitted by law (including applicable Gaming Communications Regulations), if required by Landlord to do so, immediately surrender to Landlord possession of all or any portion of the Leased Property (including any Tenant Capital Improvements of the CLEC Facilities) as to which Landlord has so demanded and quit the same and Landlord may, to the extent permitted by law (including applicable Gaming Communications Regulations), enter upon and repossess such Leased Property and any Capital Improvement thereto by reasonable force, summary proceedings, ejectment or otherwise, and, to the extent permitted by law (including applicable Gaming Communications Regulations), may remove Tenant and all other Persons and any of Tenant’s 's Property from such Leased Property (including any such Tenant Capital Improvement thereto).. . Subject to Landlord's option to receive liquidated damages under this Section 16.3, none of (i) the termination of this CLEC Master Lease, (ii) the repossession of the Leased Property (including any Capital Improvements to any CLEC Facility), (iii) the failure of Landlord to relet the Leased Property or any portion thereof, (iv) the reletting of all or any portion of the Leased Property, or (v) the inability of Landlord to collect or receive any rentals due upon any such reletting, shall relieve Tenant of its liabilities and obligations hereunder, all of which shall survive any such termination, repossession or reletting. Landlord and Tenant agree that Landlord shall have no obligation to mitigate Landlord's damages under this CLEC Master Lease. If any such termination of this CLEC Master Lease occurs (whether or not Landlord terminates Tenant's right to possession of the Leased Property), Tenant shall forthwith pay to Landlord all 7171 Rent due and payable under this CLEC Master Lease to and including the date of such termination. Thereafter: Tenant shall forthwith pay to Landlord, at Landlord's option, as and for liquidated and agreed current damages for the occurrence of an Event of Default, either:

Certain Remedies. If an Event of Default shall have occurred and be continuing, Landlord may (a) terminate this Master Lease by giving Tenant no less than ten (10) days’ notice of such termination and the Term shall terminate and all rights of Tenant under this Master Lease shall cease, (b) seek damages as provided in Section 16.3 hereof, and/or (c) exercise any other right or remedy at law or in equity available to Landlord as a result of any such Event of Default, including, without limitation, the right to exercise any powers of attorney granted to Landlord hereunder, provided, however, that if any Event of Default described in Section 16.1(c), Section 16.1(d) or Section 16.1(e) has occurred (collectively, the “Insolvent Events”), this Lease shall immediately terminate without notice or demand of any kind. Tenant shall pay as Additional Charges all costs and expenses incurred by or on behalf of Landlord, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Master Lease has been terminated pursuant to the first sentence of this Section 16.2, Tenant shall, to the extent permitted by law (including applicable Gaming Regulations), if required by Landlord to do so, immediately surrender to Landlord possession of all or any portion of the Leased Property (including any Tenant Capital Improvements of the FacilitiesImprovements) as to which Landlord has so demanded and quit the same and Landlord may, to the extent permitted by law (including applicable Gaming Regulations), enter upon and repossess such Leased Property and any Capital Improvement thereto by reasonable force, summary proceedings, ejectment or otherwise, and, to the extent permitted by law (including applicable Gaming Regulations), may remove Tenant and all other Persons and any of Tenant’s Property from such Leased Property (including any such Tenant Capital Improvement thereto)Property.

Certain Remedies. If an Event of Default shall have occurred and be continuingoccurred, Landlord Lessor may (a) terminate this Master Lease with respect to the Facility from which such Event of Default emanated, if any, and any one or more (including all, if so elected by Lessor) of the Facilities, regardless of whether such Event of Default emanated primarily from a single Facility, by giving Tenant no less than ten (10) days’ Lessee notice of such termination and the Term shall terminate and all rights of Tenant Lessee under this Master Lease shall cease, (b) seek damages cease with respect to all such Facilities as provided in Section 16.3 hereof, and/or (c) exercise any other right or remedy to which Lessor has elected to so terminate this Lease. Lessor shall have all rights at law or and in equity available to Landlord Lessor as a result of any Event of Default. Tenant Lessee shall pay as Additional Charges all costs and expenses incurred by or on behalf of LandlordLessor, including reasonable attorneys’ ' fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Master Lease has been terminated with respect to any one or more (including all, if so elected by Lessor) of the Facilities pursuant to the first sentence of this Section 16.2, Tenant Lessee shall, to the extent permitted by law (including applicable Gaming Regulations)law, if required by Landlord Lessor so to do sodo, immediately surrender to Landlord Lessor possession of all or any portion of the Leased Property (including and any Tenant Capital Improvements Additions of the Facilities) Facilities as to which Landlord Lessor has so demanded elected to terminate this Lease and quit the same and Landlord may, to the extent permitted by law (including applicable Gaming Regulations), Lessor may enter upon and repossess such Leased Property and any such Capital Improvement Addition thereto by reasonable force, summary proceedings, ejectment or otherwise, and, to the extent permitted by law (including applicable Gaming Regulations), and may remove Tenant Lessee and all other Persons and any of Tenant’s Lessee's Personal Property from such Leased Property (including any and such Tenant Capital Improvement Addition thereto).

Certain Remedies. If an Event of Default shall have occurred and be continuing, Landlord may (a) terminate this Master Lease by giving Tenant no less than ten (10) days’ notice of such termination and the Term shall terminate and all rights of Tenant under this Master Lease shall cease, (b) seek damages as provided in Section 16.3 hereof, and/or (c) exercise any other right or remedy at law or in equity available to Landlord as a result of any Event of Default. Tenant shall pay as Additional Charges all costs and expenses incurred by or on behalf of Landlord, including reasonable attorneys’ fees and expenses, as a result of any Event of Default hereunder. If an Event of Default shall have occurred and be continuing, whether or not this Master Lease has been terminated pursuant to the first sentence of this Section 16.2, Tenant shall, to the extent permitted by law (including applicable Gaming Regulations), if required by Landlord to do so, immediately surrender to Landlord possession of all or any portion of the Leased Property (including any Tenant Capital Improvements of the Facilities) as to which Landlord ▇▇▇▇▇▇▇▇ has so demanded and quit the same and Landlord may, to the extent permitted by law (including applicable Gaming Regulations), enter upon and repossess such Leased Property and any Capital Improvement thereto by reasonable force, summary proceedings, ejectment or otherwise, and, to the extent permitted by law (including applicable Gaming Regulations), may remove Tenant and all other Persons and any of Tenant’s Property from such Leased Property (including any such Tenant Capital Improvement thereto).

Certain Remedies. If an Event of Default shall have occurred and be continuing, Landlord may occurs (a) terminate this Master Lease by giving Tenant no less than ten (10) days’ notice of such termination and the Term shall terminate and all rights of Tenant under this Master Lease shall cease, (b) seek damages as provided in Section 16.3 hereof, and/or (c) exercise any other right or remedy at law or in equity available event giving rise to Landlord as a result of any Event of Default. Tenant shall pay as Additional Charges all costs and expenses incurred by or on behalf of Landlord, including reasonable attorneys’ fees and expenses, as a result of any such Event of Default hereunder. If an Event of Default shall have occurred has not been cured within the curative period relating thereto as set forth in Section 16.1 above) and be is continuing, whether or not this Master Lease Document has been terminated pursuant to the first sentence of this Section 16.216.1, Tenant Lessee shall, to the extent permitted by law (including applicable Gaming Regulations)law, if required by Landlord Lessor so to do sodo, immediately surrender to Landlord possession of all or any portion of Lessor the Leased Property (including any Tenant Capital Improvements pursuant to the provisions of the Facilities) as to which Landlord has so demanded Section 16.1 and quit the same and Landlord may, to the extent permitted by law (including applicable Gaming Regulations), Lessor may enter upon and repossess such the Leased Property and any Capital Improvement thereto by reasonable force, summary proceedings, ejectment or otherwise, and, to the extent permitted by law (including applicable Gaming Regulations), and may remove Tenant Lessee and all other Persons persons and any and all personal property from the Leased Property, subject to rights of Tenant’s Property from such any residents or patients and to any requirement of law. Lessor shall use reasonable, good faith efforts to relet the Leased Property or otherwise mitigate Lessor’s damages. . Neither (including a) the termination of this Master Lease Document pursuant to Section 16.1, (b) the repossession of the Leased Property, (c) the failure of Lessor, notwithstanding reasonable good faith efforts, to relet the Leased Property, nor (d) the reletting of all or any portion thereof, shall relieve Lessee of its liability and obligations hereunder, all of which shall survive any such Tenant Capital Improvement thereto).termination, repossession or reletting. In the event of any such termination, Lessee shall forthwith pay to Lessor all Rent due and payable with respect to the Leased Property to and including the date of such termination. Thereafter: At Lessor’s option, as and for liquidated and agreed current damages for Lessee’s default, Lessor may elect either of the below: