Common use of Geographical Restriction Clause in Contracts

Geographical Restriction. Except as set forth in this Paragraph 3(b), Greate Bay may only use the Software and the SMS on machines, gaming equipment and computer equipment located and to be located, without limitation as to number, at Greate Bay's casino/hotel and Greate Bay's associated administrative properties in Atlantic City, New Jersey, as existing and configured as of the date of this Agreement and/or as may be reconfigured, added, expanded, constructed and/or reconstructed provided the same require not more than one casino license to operate (without regard to any management company) (collectively "the Licensed Facilities") from time to time during the term of this Agreement, or, for backup and disaster recovery purposes, at either a third party's location or a location controlled by Greate Bay, which location may be outside of Atlantic City. Nothing in this Agreement shall prohibit Greate Bay from using the Software and the SMS with alternate computer equipment at alternate computer installations in the event of processing failure or for the purpose of testing of such alternative computer equipment and installations regardless of location. In addition, nothing in this Agreement shall preclude Greate Bay from making a copy of the Software or the SMS Software and operating it on alternative processors for program development and testing purposes.