EVIDENCE LANDLORD'S FEE
SIMPLE INTEREST OWNERSHIP IN THE PREMISES SUBJECT ONLY TO WHAT ARE LISTED IN THE
TITLE INSURANCE POLICY AS PERMITTED EXCEPTIONS. THE TITLE INSURANCE POLICY SHALL
BE ATTACHED TO THIS LEASE AS EXHIBIT C AND SHALL BE INCORPORATED HEREIN BY
REFERENCE. LANDLORD WARRANTS THAT SHE HAS
7
FEE SIMPLE TITLE TO THE PREMISES, FREE AND CLEAR OF ALL ENCUMBRANCES SAVE FOR
THE PERMITTED EXCEPTIONS.
Except as otherwise provided herein, Landlord shall be the owner of all
improvements paid for and constructed by Tenant upon the Premises, as the same
may be altered, expanded and/or improved in accordance with this Lease. Upon the
expiration or earlier termination of this Lease, all improvements then existing
upon the Premises shall revert to and become the property of Landlord without
compensation to, or the requirement of consent or act of, Tenant, and tenant
shall thereafter have no further rights thereto or interest therein.
Tenant shall surrender the Premises at the end of the Lease Term or upon earlier
termination of the Lease in good condition and repair, reasonable wear and tear
and fire and other casualty excepted.
7.
QUIET ENJOYMENT.
SO LONG AS TENANT IS
NOT IN DEFAULT UNDER THIS LEASE, TENANT SHALL PEACEABLY AND QUIETLY USE AND
ENJOY THE PREMISES DURING THE PRE-OPENING PERIOD AND THE LEASE TERM WITHOUT
HINDRANCE OR INTERRUPTION BY LANDLORD OR ANY OTHER PERSON OR PERSONS LAWFULLY OR
EQUITABLY CLAIMING BY, THROUGH OR UNDER LANDLORD.
8.
CASUALTY AND RESTORATION OF THE
PREMISES.
A.
IF THE PREMISES SHALL BE SO DAMAGED BY FIRE
OR OTHER CASUALTY AS TO RENDER THE CASINO WHOLLY UNTENANTABLE, AND IF SUCH
DAMAGE SHALL BE SO GREAT THAT A COMPETENT ARCHITECT, IN GOOD STANDING, SELECTED
BY TENANT SHALL CERTIFY IN WRITING TO TENANT WITHIN SIXTY (60) DAYS OF SAID
CASUALTY THAT THE PREMISES, WITH THE EXERCISE OF REASONABLE DILIGENCE, CANNOT BE
MADE FIT FOR OCCUPANCY WITHIN ONE HUNDRED EIGHTY (180) WORKING DAYS FROM THE
HAPPENING THEREOF, THEN THIS LEASE SHALL CEASE AND TERMINATE FROM THE DATE OF
THE OCCURRENCE OF SUCH DAMAGE AND TENANT SHALL THEREUPON SURRENDER TO LANDLORD
THE PREMISES AND ALL INTEREST THEREIN HEREUNDER AND LANDLORD MAY REENTER AND
TAKE POSSESSION OF THE PREMISES AND REMOVE TENANT THEREFROM.
IF, HOWEVER, THE
DAMAGE SHALL BE SUCH THAT SAID ARCHITECT SHALL CERTIFY WITHIN SAID SIXTY (60)
DAY PERIOD THAT THE PREMISES CAN BE MADE TENANTABLE WITHIN SAID ONE HUNDRED
EIGHTY (180) DAY PERIOD, THEN, EXCEPT AS HEREINAFTER PROVIDED, LANDLORD SHALL
REPAIR THE DAMAGE SO DONE WITH ALL REASONABLE SPEED.
B.
IF THE PREMISES SHALL BE SLIGHTLY DAMAGED
BY FIRE OR OTHER CASUALTY, BUT NOT SO AS TO RENDER THE SAME WHOLLY UNTENANTABLE
OR TO REQUIRE A REPAIR PERIOD IN EXCESS OF ONE HUNDRED EIGHTY (180) DAYS, THEN,
LANDLORD, AFTER RECEIVING NOTICE IN WRITING OF THE OCCURRENCE OF THE CASUALTY,
EXCEPT AS HEREAFTER PROVIDED, SHALL CAUSE THE SAME TO BE REPAIRED WITH
REASONABLE PROMPTNESS. IF THE ESTIMATED REPAIR PERIOD AS ESTABLISHED IN
ACCORDANCE WITH THE PROVISIONS OF SUBPARAGRAPH A ABOVE EXCEEDS ONE HUNDRED
EIGHTY