(18) MONTHS FROM THE COMMENCEMENT OF SUCH INTERRUPTION, TENANT SHALL
PAY LANDLORD THE ANNUAL PAYMENT OF $1,250,000, PRO-RATED FOR THE PERIOD SUCH
PAYMENT IS ACTUALLY DUE UNDER THIS LEASE.
(III)
FROM AND AFTER THE EIGHTEENTH (18TH) MONTH OF SUCH INTERRUPTION
UNTIL THE DATE TENANT MAY LEGALLY RESUME AND ACTUALLY DOES RESUME FULL GAMING
OPERATIONS AT THE GAMING SITE, TENANT SHALL PAY LANDLORD THE ANNUAL PAYMENT OF
$2,500,000, PRO-RATED FOR THE PERIOD SUCH PAYMENT IS ACTUALLY DUE UNDER THIS
LEASE.
C.
UPON COMMENCEMENT OF FULL GAMING OPERATIONS AT THE GAMING SITE
FOLLOWING THE OCCURRENCE OF A CASUALTY EVENT OR FORCE MAJEURE, RENT PURSUANT TO
SECTION 3.1 ABOVE SHALL RESUME AND BE THEREAFTER DUE AND PAYABLE AS PROVIDED IN
ARTICLE 3.
D.
IF SECTION 9.5B BECOMES APPLICABLE, RENT CREDITS APPLICABLE UNDER
SECTION 2.2D(II) AND/OR 2.5A(III)(B) SHALL ABATE UNTIL SUCH TIME AS RENTAL
PAYMENTS PURSUANT TO SECTION 9.5B COMMENCE, WITH FORTY PERCENT (40%) OF THE
AMOUNTS DUE PURSUANT TO SECTION 9.5B(II) OR (III), AS APPLICABLE, BEING CREDITED
AGAINST PRINCIPAL AND INTEREST DUE UNDER THE APPLICABLE LOAN DOCUMENTS, AND FULL
CREDIT, AS PROVIDED UNDER SECTION 2.2D(II) AND/OR 2.5A(III)(B) RESUMING WHEN
RENT UNDER SECTION 3.1 RECOMMENCES.
ARTICLE 10
CONDEMNATION
10.1
DEFINITIONS:
AS USED IN THIS LEASE, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
A.
THE TERM "CONDEMNATION" SHALL MEAN (I) ANY PERMANENT TAKING BY THE
EXERCISE OF THE POWER OF EMINENT DOMAIN, WHETHER BY LEGAL PROCEEDINGS OR
OTHERWISE, BY ANY PERSON OR ENTITY HAVING THE LEGAL POWER TO DO SO, (II) A
VOLUNTARY SALE OR TRANSFER BY LANDLORD TO ANY CONDEMNOR, EITHER UNDER THREAT OF
CONDEMNATION OR WHILE LEGAL PROCEEDINGS FOR CONDEMNATION ARE PENDING, OR (III)
ANY PERMANENT TAKING BY INVERSE CONDEMNATION.
B.
THE TERM "TOTAL TAKING" SHALL MEAN A CONDEMNATION OF (I) ALL OR
SUBSTANTIALLY ALL OF THE PROPERTY OR (II) ANY PORTION OF THE PROPERTY WHICH
LEAVES REMAINING A BALANCE WHICH, IN TENANT'S REASONABLE JUDGMENT, MAY NOT BE
ECONOMICALLY OPERATED FOR THE PURPOSE THE PROPERTY WAS OPERATED PRIOR TO THE
DATE OF TAKING.
C.
THE TERM "PARTIAL TAKING" SHALL MEAN A CONDEMNATION OF A PORTION
OF THE PROPERTY WHICH DOES NOT CONSTITUTE A "TOTAL TAKING".
D.
THE TERM "DATE OF TAKING" SHALL MEAN THE DATE THAT THE CONDEMNOR
TAKES POSSESSION OF THE PROPERTY BEING CONDEMNED; AND
21
E.
THE TERM "AWARD" SHALL MEAN ALL COMPENSATION, SUMS OR ANYTHING OF
VALUE AWARDED, PAID OR RECEIVED ON OR BECAUSE OF A TOTAL TAKING, A PARTIAL
TAKING OR A TEMPORARY TAKING OF THE PROPERTY.
10.2
TOTAL TAKING:
IF DURING THE LEASE TERM THERE OCCURS A TOTAL
TAKING, (I) THIS LEASE SHALL TERMINATE ON THE DATE OF TAKING, (II) ALL
OBLIGATIONS HEREUNDER SHALL BE PRORATED TO THAT DATE, (III) NEITHER LANDLORD NOR
TENANT SHALL HAVE ANY FURTHER OBLIGATIONS HEREUNDER, EXCEPT FOR THOSE WHICH HAVE
ACCRUED PRIOR TO THE DATE OF SUCH TERMINATION AND THOSE WHICH EXPRESSLY SURVIVE
ANY TERMINATION UNDER THE TERMS OF THIS LEASE.
10.3
PARTIAL TAKING:
IF DURING THE LEASE TERM THERE OCCURS A PARTIAL
TAKING, THE FOLLOWING SHALL APPLY:
A.
THIS LEASE