Common use of In Lieu Payments Clause in Contracts

In Lieu Payments. The combination of (1) the method used to determine payments under Section 34.23(b)(i) and (2) the method used to determine Rent due under this Lease shall be no less favorable to Tenant from a monetary perspective than the combination of such methods used to determine amounts payable as Rent and In Lieu Payments to Landlord by any other persons or entities that own or operate one or more Riverboat Casino/hotel operations located within the City of Shreveport. The agreed upon test to make such "no less favorable determination" is the application of the Rent and In Lieu Payment (or their equivalent) calculation methods applicable to other persons or entities that own or operate one or more Riverboat Casino/hotel operations located within the City of Shreveport to Tenant in order to determine the hypothetical Rent and In Lieu Payments that would be due Landlord from Tenant under such calculation methods; provided, however, Tenant agrees and acknowledges that its payment to Landlord of the amounts described in Section 34.23(b)(i) in an amount up to .025% greater than that paid by other persons or entities that own or operate one or more Riverboat Casino/hotel operations located within the City of Shreveport does not constitute a "less favorable determination" (the "Acceptable Payment Discrepancy"). If the application of such methods to Tenant results in a lower total dollar amount due Landlord from Tenant (other than solely as a result of the Acceptable Payment Discrepancy), then Landlord shall only be entitled to collect such lower total dollar amount from Tenant and Tenant shall only be obligated to pay such lower total dollar amount to Landlord. In the event a Riverboat Casino/hotel operator does not lease City-owned land for its operation, only In Lieu Payments shall be considered for purposes of the "no less favorable determination"related to such Riverboat Casino/hotel operator.

In Lieu Payments. The combination of (1) the method used to determine payments under Section 34.23(b)(i) and (2) the method used to determine Rent due under this Lease shall be no less favorable to Tenant from a monetary perspective than the combination of such methods used to determine amounts payable as Rent and In Lieu Payments to Landlord by any other persons or entities that own or operate one or more Riverboat Casino/hotel operations located within the City of Shreveport. The agreed upon test to make such "“no less favorable determination" ” is the application of the Rent and In Lieu Payment (or their equivalent) calculation methods applicable to other persons or entities that own or operate one or more Riverboat Casino/hotel operations located within the City of Shreveport to Tenant in order to determine the hypothetical Rent and In Lieu Payments that would be due Landlord from Tenant under such calculation methods; provided, however, Tenant agrees and acknowledges that its payment to Landlord of the amounts described in Section 34.23(b)(i) in an amount up to .025% greater than that paid by other persons or entities that own or operate one or more Riverboat Casino/hotel operations located within the City of Shreveport does not constitute a "“less favorable determination" ” (the "“Acceptable Payment Discrepancy"”). If the application of such methods to Tenant results in a lower total dollar amount due Landlord from Tenant (other than solely as a result of the Acceptable Payment Discrepancy), then Landlord shall only be entitled to collect such lower total dollar amount from Tenant and Tenant shall only be obligated to pay such lower total dollar amount to Landlord. In the event a Riverboat Casino/hotel operator does not lease City-owned land for its operation, only In Lieu Payments shall be considered for purposes of the "“no less favorable determination"related determination” related to such Riverboat Casino/hotel operator.