Purpose of the LLC. The business and purposes of the LLC shall be: ------------------ (a) To accept the contribution of the Lehigh Property and the assignment of the Pre-Formation Agreements by ▇▇▇▇▇ as contemplated below, to accept the assignment of the Studies by BDC as contemplated below, and to assume all obligations arising under the Pre-Formation Agreements and/or the Studies so assigned, and to indemnify ▇▇▇▇▇ or BDC, as the case may be, with respect to liability under the Pre-Formation Agreements and/or the Studies as provided below; (b) To enter into leases, subleases or other arrangements regarding the use or occupancy of all or part of the LLC Property with BDC, ▇▇▇▇▇ or any other Person, upon such terms and conditions as are specified herein or are otherwise approved by the LLC; (c) To make application for, process and negotiate all governmental approvals or permits and/or private rights for land use, utility services, drainage rights, dockage rights, access rights and similar rights as may be necessary or desirable for implementing the Site Plan; (d) To construct the Site Plan Improvements; (e) To obtain all necessary permits, licenses and approvals with respect to the construction, operation, maintenance, repair and replacement of the Common Areas; (f) To construct, operate, maintain, repair and replace the Common Areas; (g) To enter into license agreements (each a "Berthing Agreement" and both being the "Berthing Agreements") with each of ▇▇▇▇▇ and BDC with respect to the berthing of their respective riverboats within or adjacent to the Common Areas and the terms on which such parties may otherwise enjoy a license to use the Common Areas; (h) To revise and refine the Site Plan and to develop, revise and refine the Master Plan; (i) Subject to the provisions of Section 3.1(e) below, to make application for, process and negotiate all governmental approvals or permits and/or private rights for land use, utility services, drainage rights, dockage rights, access rights and similar rights as may be necessary or desirable for implementing the Master Plan, and to construct the Master Plan Improvements; (j) To otherwise develop, improve, manage, exchange, finance, operate and deal with and in every way exercise complete control and dominion over the Common Areas and all assets acquired and facilities constructed in connection therewith; and (k) To do all things necessary or desirable in connection with the foregoing or as otherwise contemplated in this Agreement, including but not limited to executing and delivering such documents and instruments as are necessary to effectuate or memorialize any of the foregoing.
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Sources: Operating Agreement (Trump Hotels & Casino Resorts Inc)
Purpose of the LLC. The business and purposes of the LLC shall be: ------------------:
(a) To accept the contribution of the Lehigh Property and the assignment of the Pre-Formation Agreements by ▇▇▇▇▇ as contemplated below, to accept the assignment of the Studies by BDC as contemplated below, and to assume all obligations arising under the Pre-Formation Agreements and/or the Studies so assigned, and to indemnify ▇▇▇▇▇ or BDC, as the case may be, with respect to liability under the Pre-Formation Agreements and/or the Studies as provided below;
(b) To enter into leases, subleases or other arrangements regarding the use or occupancy of all or part of the LLC Property with BDC, ▇▇▇▇▇ or any other Person, upon such terms and conditions as are specified herein or are otherwise approved by the LLC;
(c) To make application for, process and negotiate all governmental approvals or permits and/or private rights for land use, utility services, drainage rights, dockage rights, access rights and similar rights as may be necessary or desirable for implementing the Site Plan;
(d) To construct the Site Plan Improvements;
(e) To obtain all necessary permits, licenses and approvals with respect to the construction, operation, maintenance, repair and replacement of the Common Areas;
(f) To construct, operate, maintain, repair and replace the Common Areas;
(g) To enter into license agreements (each a "Berthing Agreement" and both being the "Berthing Agreements") with each of ▇▇▇▇▇ and BDC with respect to the berthing of their respective riverboats within or adjacent to the Common Areas and the terms on which such parties may otherwise enjoy a license to use the Common Areas;
(h) To revise and refine the Site Plan and to develop, revise and refine the Master Plan;
(i) Subject to the provisions of Section 3.1(e) below, to make application for, process and negotiate all governmental approvals or permits and/or private rights for land use, utility services, drainage rights, dockage rights, access rights and similar rights as may be necessary or desirable for implementing the Master Plan, and to construct the Master Plan Improvements;
(j) To otherwise develop, improve, manage, exchange, finance, operate and deal with and in every way exercise complete control and dominion over the Common Areas and all assets acquired and facilities constructed in connection therewith; and
(k) To do all things necessary or desirable in connection with the foregoing or as otherwise contemplated in this Agreement, including but not limited to executing and delivering such documents and instruments as are necessary to effectuate or memorialize any of the foregoing.
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