WITHOUT FIRST GIVING AT LEAST THIRTY (30) DAYS PRIOR WRITTEN
NOTICE TO AGENT BANK.
SECTION 5.20.
NOTICE OF HAZARDOUS MATERIALS.
WITHIN TEN (10) DAYS AFTER
AN EXECUTIVE OFFICER OF BORROWER SHALL HAVE OBTAINED ACTUAL KNOWLEDGE THEREOF,
BORROWER SHALL PROMPTLY ADVISE AGENT BANK AND EACH OF THE LENDERS IN WRITING OF
AND DELIVER A COPY OF: (A) ANY AND ALL ENFORCEMENT, CLEAN-UP, REMOVAL OR OTHER
GOVERNMENTAL OR REGULATORY ACTIONS INSTITUTED OR THREATENED BY ANY GOVERNMENTAL
AGENCY PURSUANT TO ANY APPLICABLE FEDERAL, STATE OR LOCAL LAWS, ORDINANCES OR
REGULATIONS RELATING TO ANY HAZARDOUS MATERIALS (AS DEFINED IN THE ENVIRONMENTAL
CERTIFICATE) AFFECTING THE HOTEL/CASINO FACILITY, OR ANY PORTION THEREOF;
(B) ALL WRITTEN CLAIMS MADE OR THREATENED BY ANY THIRD PARTY AGAINST BORROWER,
THE REAL PROPERTY, OR THE HOTEL/CASINO FACILITY, RELATING TO DAMAGE,
CONTRIBUTION, COST RECOVERY COMPENSATION, LOSS OR INJURY RESULTING FROM ANY
HAZARDOUS MATERIALS (THE MATTERS SET FORTH IN CLAUSES (A) AND (B) ABOVE ARE
HEREINAFTER REFERRED TO AS "HAZARDOUS MATERIALS CLAIMS"); AND (C) THE DISCOVERY
OF ANY OCCURRENCE OR CONDITION ON ANY REAL PROPERTY ADJOINING OR IN THE VICINITY
OF THE REAL PROPERTY OR THE HOTEL/CASINO FACILITY THAT COULD CAUSE BORROWER OR
ANY PART THEREOF TO BE HELD LIABLE UNDER THE PROVISIONS OF, OR TO BE OTHERWISE
SUBJECT TO ANY RESTRICTIONS ON THE OWNERSHIP, OCCUPANCY, TRANSFERABILITY OR USE
OF THE REAL PROPERTY OR THE HOTEL/CASINO FACILITY UNDER, ANY HAZARDOUS MATERIALS
LAWS.
SECTION 5.21.
COMPLIANCE WITH ACCESS LAWS.
(A)
BORROWER AGREES THAT BORROWER AND THE HOTEL/CASINO FACILITY SHALL AT
ALL TIMES TAKE ALL REASONABLE STEPS TO COMPLY WITH THE REQUIREMENTS OF THE
AMERICANS WITH DISABILITIES ACT OF 1990; THE FAIR HOUSING AMENDMENTS ACT OF
1988; AND
85
OTHER FEDERAL, STATE OR LOCAL LAWS OR ORDINANCES RELATED TO DISABLED ACCESS; OR
ANY STATUTE, RULE, REGULATION, ORDINANCE, ORDER OF GOVERNMENTAL AUTHORITIES, OR
ORDER OR DECREE OF ANY COURT ADOPTED OR ENACTED WITH RESPECT THERETO, AS NOW
EXISTING OR HEREAFTER AMENDED OR ADOPTED (COLLECTIVELY, THE "ACCESS LAWS").
AT
ANY TIME, AGENT BANK MAY REQUIRE A CERTIFICATE OF COMPLIANCE WITH THE ACCESS
LAWS AND INDEMNIFICATION AGREEMENT IN A FORM REASONABLY ACCEPTABLE TO AGENT
BANK.
AGENT BANK MAY ALSO REQUIRE A CERTIFICATE OF COMPLIANCE WITH THE ACCESS
LAWS FROM AN ARCHITECT, ENGINEER, OR OTHER THIRD PARTY ACCEPTABLE TO AGENT BANK.
(B)
NOTWITHSTANDING ANY PROVISIONS SET FORTH HEREIN OR IN ANY OTHER
DOCUMENT, BORROWER SHALL NOT ALTER OR PERMIT ANY TENANT OR OTHER PERSON TO ALTER
THE HOTEL/CASINO FACILITY IN ANY MANNER WHICH WOULD INCREASE BORROWER'S
RESPONSIBILITIES FOR COMPLIANCE WITH THE ACCESS LAWS WITHOUT THE PRIOR WRITTEN
APPROVAL OF AGENT BANK.
IN CONNECTION WITH SUCH APPROVAL, AGENT BANK MAY
REQUIRE A CERTIFICATE OF COMPLIANCE WITH THE ACCESS LAWS FROM AN ARCHITECT,
ENGINEER OR OTHER PERSON ACCEPTABLE TO AGENT BANK.
(C)
BORROWER AGREES TO GIVE PROMPT WRITTEN NOTICE TO AGENT BANK OF THE
RECEIPT BY BORROWER OF ANY CLAIMS OF VIOLATION OF ANY OF THE ACCESS LAWS AND OF
THE COMMENCEMENT OF ANY PROCEEDINGS OR INVESTIGATIONS WHICH RELATE TO COMPLIANCE
WITH ANY OF THE ACCESS LAWS.
(D)
BORROWER SHALL INDEMNIFY,