THE APPLICABLE PROPERTY DOCUMENTS, FOR SUCH OTHER USES
AS MAY BE NECESSARY OR INCIDENTAL TO SUCH USE (SUCH USE, THE "PRIMARY INTENDED
USE"), AND (Y) SUCH OTHER USES AS SHALL NOT BE PROHIBITED BY THE APPLICABLE
PROPERTY DOCUMENTS, THE LANDLORD'S LOAN DOCUMENTS OR OTHER PROVISIONS HEREOF.
TENANT SHALL NOT USE THE LEASED PROPERTY OR ANY PORTION THEREOF FOR ANY OTHER
USE WITHOUT THE PRIOR WRITTEN CONSENT OF LANDLORD, WHICH CONSENT SHALL NOT BE
UNREASONABLY WITHHELD, CONDITIONED OR DELAYED. NO USE SHALL BE MADE OR PERMITTED
TO BE MADE OF THE LEASED PROPERTY, AND NO ACTS SHALL BE DONE, THAT WILL CAUSE
THE CANCELLATION OF ANY INSURANCE POLICY COVERING THE LEASED PROPERTY, NOR SHALL
TENANT SELL OR OTHERWISE PROVIDE, OR PERMIT TO BE KEPT, USED OR SOLD IN OR ABOUT
THE LEASED PROPERTY ANY ARTICLE WHICH MAY BE PROHIBITED BY LAW OR BY INSURANCE
REQUIREMENTS. TENANT SHALL, AT ITS SOLE COST, COMPLY WITH ALL OF THE
REQUIREMENTS PERTAINING TO THE LEASED PROPERTY OR OTHER IMPROVEMENTS OF ANY
INSURANCE BOARD, ASSOCIATION, ORGANIZATION OR COMPANY NECESSARY FOR THE
MAINTENANCE OF INSURANCE, AS HEREIN PROVIDED, COVERING THE LEASED PROPERTY.
(III)
TENANT SHALL CAUSE EACH OF THE HOTEL AND CASINO FACILITIES
LOCATED ON THE LEASED PROPERTY (EACH SUCH HOTEL AND CASINO FACILITY, TOGETHER
WITH ALL OTHER PORTIONS OF THE LEASED PROPERTY RELATED THERETO, A "FACILITY") TO
BE CONTINUOUSLY AND UNINTERRUPTEDLY USED AND OPERATED FOR ITS PRIMARY INTENDED
USE, OPEN FOR BUSINESS TO THE PUBLIC DURING ALL BUSINESS HOURS USUAL FOR SUCH
USE FOR COMPARABLE PROPERTIES IN CLARK COUNTY, NEVADA (INCLUDING, WITHOUT
LIMITATION, CAUSING TO BE MAINTAINED AT EACH OF THE FACILITIES FF&E SUFFICIENT
TO SUPPORT SUCH CONTINUOUS AND UNINTERRUPTED USE AND OPERATION, WHICH FF&E SHALL
BE OF A CALIBER AT LEAST EQUIVALENT TO THE FF&E MAINTAINED AT EACH OF THE
FACILITIES ON THE COMMENCEMENT DATE), SUBJECT TO PERIODS OF CLOSURE THAT: (I)
ARE DUE TO ALTERATIONS (AND PROVIDED THAT NOT MORE THAN ONE FACILITY MAY BE
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CLOSED IN CONNECTION WITH AN ALTERATION AT ANY ONE TIME UNLESS SUCH CONCURRENT
CLOSURE IS EXPRESSLY PRE-APPROVED BY LANDLORD'S LENDER IN WRITING OR IS
UNAVOIDABLE IN ORDER FOR LANDLORD, TENANT OR THE APPLICABLE FACILITY SUBTENANT
TO COMPLY WITH LEGAL REQUIREMENTS) OR ANY EVENT DESCRIBED IN THE DEFINITION OF
UNAVOIDABLE DELAYS; AND (II) DO NOT IN ANY EVENT EXCEED (A) SOLELY WITH RESPECT
TO A CLOSURE DUE TO CASUALTY FOR WHICH BUSINESS INTERRUPTION INSURANCE PROCEEDS
ARE PAYABLE TO TENANT (OR LANDLORD OR LANDLORD'S LENDER) UNDER THE POLICY OF
BUSINESS INTERRUPTION INSURANCE MAINTAINED BY TENANT PURSUANT TO THE TERMS OF
THIS LEASE, THE PERIOD OF TIME FOR WHICH SUCH BUSINESS INTERRUPTION INSURANCE
PROCEEDS ARE PAYABLE, OR (B) AS TO ANY OTHER CLOSURE, THIRTY (30) CONSECUTIVE
DAYS.
(B)
TAXES AND OTHER CHARGES; CONTEST FOR TAXES AND OTHER CHARGES,
LEGAL REQUIREMENTS AND LIENS.
(I)
SUBJECT TO THE PROVISIONS OF SECTION 6.1(B)(II) AND SECTION
3.1(D), TENANT SHALL PAY, OR CAUSE TO BE PAID, ALL TAXES AND OTHER CHARGES NOW
OR HEREAFTER LEVIED OR ASSESSED OR IMPOSED AGAINST THE LEASED PROPERTY PRIOR TO