Common use of OTHER RECORDS AND DOCUMENTS Clause in Contracts

OTHER RECORDS AND DOCUMENTS. (a) In addition to the foregoing and to the extent the below-listed documents are in the possession of the Sellers, the Sellers agree to deliver to the Purchaser, within fifteen (15) days of the Agreement Date, a full and accurate list and reasonably complete details concerning each item described below and a copy of each document to the extent such copies are in the possession or control of the Sellers: (i) copies of any and all certificates of title, liens, encumbrances, deeds of trust, mortgages, judgments, rights-of-way, easements, covenants, conditions or restrictions, other exceptions or matters of record relating to or affecting any real or personal property used in the Business; (ii) copies of all certificates of occupancy, zoning variances, licenses, permits, authorizations and approvals relating to the Premises or the Business from any Governmental Body having jurisdiction over the Premises or the Business, together with any other notices and agreements related thereto, including, but not limited to, any and all gaming and liquor licenses and permits and renewals of the same or applications therefore; (iii) to the extent not already required above, copies of any and all environmental permits, notices, demands, action letters, reports, assessments, audits, directives from any Governmental Body, documentation of any environmental matter related to the Premises; identification of which portion of the Premises has ever been or is now being used for the storage, generation, treatment, manufacture, disposal or release of any “hazardous substance” as defined by the Comprehensive Environmental Response Compensation and Liability Act, identification of all waste disposal sites and the location of all underground storage tanks or lines, whether in use or abandoned; a summary of all environmental testing done by the Sellers; and identification of any event of non-compliance with an Environmental and Safety Requirement; (iv) copies of all real estate, personal property, fuel and ad valorem taxes, assessments, general and special, bills and returns, gaming and liquor license fees and renewals and any and all notices of violations, delinquencies and/or assessments of the same received by the Sellers within twenty-four (24) months preceding the Agreement Date; (v) copies of any and all leases affecting the Premises or the Business in any manner; (vi) copies of all fuel sales reports whether maintained for the Business’s sole use or submitted to any federal, state or local governmental agency (and will continue to provide Purchaser this information within fifteen (15) days of the end of each calendar month during the term of this Agreement); (vii) copies of monthly financial statements, including an income and balance sheet statement for each of the twenty-four (24) months preceding the Agreement Date, showing the financial condition of every aspect of the Business (and will continue to provide Purchaser this information within fifteen (15) days of the end of each calendar month during the term of this Agreement); (viii) copies of any and all Contracts (as defined hereinafter) affecting the Premises or the Business in any manner; and (ix) any other documents and information reasonably requested by the Purchaser.

OTHER RECORDS AND DOCUMENTS. (a) In addition to the foregoing and to the extent the below-listed documents are in the possession foregoing, each of the Sellers, the Sellers agree as applicable, agrees to deliver to the Purchaser, within fifteen twenty (1520) days of the Agreement Date, a full and accurate list and reasonably complete details concerning each item described below and a copy of each document of the following to the extent such copies are in the possession or control of any of the Sellers: (i) copies of any and all deeds, certificates of title, liens, encumbrances, deeds of trust, mortgages, judgments, rights-of-wayway or easements, easementsservitudes, covenants, conditions or restrictions, other exceptions or matters of record relating to or affecting any real or personal property used in any of the BusinessBusinesses; (ii) all reciprocal easement/servitude agreements and similar agreements which are in effect with any other interested party with respect to any of the Premises or any of the Businesses; (iii) copies of all certificates of occupancy, zoning variances, licenses, permits, authorizations and approvals relating to any of the Premises or any of the Business Businesses from any Governmental Body authority having jurisdiction over any of the Premises or any of the BusinessBusinesses, together with any other notices and agreements related thereto, including, but not limited to, any and all gaming gaming, occupational and liquor licenses and permits and renewals of the same or applications thereforetherefor; (iiiiv) to the extent not already required above, copies of any and all environmental permits, notices, demands, action letters, reports, assessments, audits, directives from any Governmental Bodylocal, parish, state or federal agency, documentation of any environmental matter related to any of the Premises; identification of which portion of each of the Premises has ever been or is now being used for the storage, generation, treatment, manufacture, disposal or release of any “hazardous substance” as defined by the Comprehensive Environmental Response Compensation and Liability Act, identification of all waste disposal sites and the location of all underground storage tanks or lines, whether in use or abandoned; a summary of all environmental testing done by any of the SellersSellers or their lender(s); and identification of any event of non-compliance with an any Environmental and Safety RequirementRequirements; (ivv) copies of all real estate, personal property, fuel and ad valorem taxes, assessments, general and special, bills and returns, gaming and liquor license fees and renewals and any and all notices of violations, delinquencies and/or and assessments of the same for any of the Businesses received by any of the Sellers within the twenty-four (24) months month period preceding the Agreement Date; (vvi) copies of any and all leases affecting any of the Premises or any of the Business Businesses in any manner; (vivii) copies of all fuel sales reports whether maintained for the Business’s sole use of any of the Businesses or submitted to any federal, state or local governmental agency and continuing for each calendar month following the Agreement Date to be delivered within five (and will continue to provide Purchaser this information within fifteen (155) days of the end close of each calendar month during the term of this Agreement); (vii) copies of monthly financial statements, including an income and balance sheet statement for each of the twenty-four (24) months preceding the Agreement Date, showing the financial condition of every aspect of the Business (and will continue to provide Purchaser this information within fifteen (15) days of the end of each calendar month during the term of this Agreement)month; (viii) copies of the Financial Statements (per calendar month) for each of the months commencing January 1, 2004 through the Agreement Date for each of the Businesses, showing the results of operation of every aspect of each of the Businesses and continuing for each calendar month following the Agreement Date to be delivered within ten (10) days of the close of each calendar month; (ix) copies of any and all Contracts (as defined hereinafter) affecting any of the Premises or any of the Business Businesses in any manner; and (ixx) any all other documents and information under the control or possession of any of the Sellers and reasonably requested by the Purchaser.

OTHER RECORDS AND DOCUMENTS. (a) In addition to the foregoing and to the extent the below-listed documents are in the possession of the Sellers, the Sellers agree to deliver to the Purchaser, within fifteen (15) days of the Agreement Date, a full and accurate list and reasonably complete details concerning each item described below and a copy of each document to the extent such copies are in the possession or control of the Sellers: (i) copies of any and all certificates of title, liens, encumbrances, leases, deeds of trust, mortgages, judgments, rights-of-way, easements, covenants, conditions or restrictions, other exceptions or matters of record relating to or affecting any real or personal property used in the Business; (ii) copies of all certificates of occupancy, zoning variances, licenses, permits, authorizations and approvals relating to the Premises or the Business from any Governmental Body having jurisdiction over the Premises or the Business, together with any other notices and agreements related thereto, including, but not limited to, any and all gaming and liquor licenses and permits and renewals of the same or applications therefore; (iii) to the extent not already required above, copies of any and all environmental permits, notices, demands, action letters, reports, assessments, audits, directives from any Governmental Body, documentation of any environmental matter related to the Premises; identification of which portion of the Premises has ever been or is now being used for the storage, generation, treatment, manufacture, disposal or release of any “hazardous substance” as defined by the Comprehensive any Environmental Response Compensation and Liability ActSafety Requirements, identification of all waste disposal sites and the location of all underground storage tanks or lines, whether in use or abandoned; a summary of all environmental testing done by the Sellers; and identification of any event of non-compliance with an Environmental and Safety Requirement; (iv) copies of all real estate, personal property, fuel and ad valorem taxes, assessments, general and special, bills and returns, gaming and liquor license fees and renewals and any and all notices of violations, delinquencies and/or assessments of the same received by the Sellers within twenty-four (24) months preceding the Agreement Date; (v) copies of any and all leases affecting the Premises or the Business in any manner, including, but not limited to, the Property Lease and the Restaurant Sublease and any and all amendments or addendums thereto; (vi) copies of all fuel sales reports whether maintained monthly financial statements, including an income and balance sheet statement for each month of the Business’s sole use operation if in the possession or submitted to any federal, state or local governmental agency control of the Sellers (and will continue to provide Purchaser this information within fifteen (15) days of the end of each calendar month during the term of this AgreementAgreement during which the Business is open to the general public, if the same is in the possession or under the control of the Sellers); (vii) copies of monthly financial statements, including an income and balance sheet statement for each of the twenty-four (24) months preceding the Agreement Date, showing the financial condition of every aspect of the Business (and will continue to provide Purchaser this information within fifteen (15) days of the end of each calendar month during the term of this Agreement); (viii) copies of any and all Contracts (as defined hereinafter) affecting the Premises or the Business in any manner; (viii) copies of any and all invoices, bills, contracts, agreements, payment applications, records and evidence of actual payments, retainage statements, lien waivers, notices, etc., relating to the construction of the Truck Stop and/or any other improvements on the Premises; and (ix) any other documents and information reasonably requested by the Purchaser.