COLLECTION OF INCOME OF ANY NATURE FROM
THE OPERATION OF THE HOTEL AND ISSUE RECEIPTS WITH RESPECT TO, AND USE
COMMERCIALLY REASONABLE EFFORTS TO COLLECT ALL CHARGES, RENT AND OTHER AMOUNTS
DUE FROM GUESTS, LESSEES AND CONCESSIONAIRES OF THE HOTEL, AND USE THOSE FUNDS,
AS WELL AS FUNDS FROM OTHER SOURCES AS MAY BE AVAILABLE TO THE HOTEL, IN
ACCORDANCE WITH THIS AGREEMENT AND THE BUDGET;
(D)
USE COMMERCIALLY REASONABLE EFFORTS TO COLLECT AND ACCOUNT FOR AND
REMIT TO ANY GOVERNMENT OR POLITICAL SUBDIVISION, OR AN AGENCY OR
INSTRUMENTALITY THEREOF ("GOVERNMENTAL AUTHORITY") ALL APPLICABLE GAMING, SALES,
USE, GROSS RECEIPTS, VALUE ADDED, LIVE ENTERTAINMENT TAX, EXCISE OR SIMILAR
TAXES AND ALL OTHER TAXES, ASSESSMENTS, DUTIES, LEVIES AND CHARGES IMPOSED BY
ANY GOVERNMENTAL AUTHORITY AND COLLECTIBLE BY THE HOTEL DIRECTLY FROM GAMING
CUSTOMERS, PATRONS OR GUESTS (INCLUDING THOSE TAXES BASED ON THE SALES PRICE OF
ANY GOODS, SERVICES, OR DISPLAYS, GROSS RECEIPTS OR ADMISSIONS);
(E)
SUPERVISE AND PURCHASE OR LEASE, OR ARRANGE FOR THE PURCHASE OR
LEASE OF, ALL FF&E AND SUPPLIES THAT OPERATOR DETERMINES TO BE NECESSARY OR
ADVISABLE FOR THE OPERATION OF THE HOTEL IN ACCORDANCE WITH THIS AGREEMENT.
OPERATOR AND OWNER ACKNOWLEDGE AND AGREE THAT ALL FF&E, UPON INSTALLATION OR
PLACEMENT WITHIN, OR USE AT, THE HOTEL SHALL IMMEDIATELY BECOME PROPERTY OF
OWNER;
(F)
NEGOTIATE, ENTER INTO AND ADMINISTER, IN THE NAME OF OWNER, ALL
SERVICE CONTRACTS AND LICENSES OPERATOR DEEMS NECESSARY OR ADVISABLE FOR THE
OPERATION OF THE HOTEL INCLUDING, WITHOUT LIMITATION, CONTRACTS AND LICENSES FOR
(I) HEALTH AND LIFE SAFETY SYSTEMS; (II) MAINTENANCE OF ALL ELECTRICAL,
MECHANICAL, PLUMBING, HVAC, ELEVATOR, BOILER AND ALL OTHER BUILDING SYSTEMS;
(III) ELECTRICITY, GAS, TELECOMMUNICATIONS (INCLUDING TELEVISION AND INTERNET
SERVICE); (IV) CLEANING, LAUNDRY AND DRY CLEANING; (V) USE OF COPYRIGHTED
MATERIALS (INCLUDING MUSIC AND VIDEOS); AND (VI) ENTERTAINMENT;
(G)
NEGOTIATE, ENTER INTO AND ADMINISTER, IN THE NAME OF OWNER,
CONTRACTS FOR THE USE OF THE HOTEL BY INDIVIDUALS AND GROUPS;
(H)
AT THE REQUEST OF OWNER, NEGOTIATE AND ADMINISTER, IN THE NAME OF
OWNER, LICENSES AND CONCESSION AGREEMENTS FOR THE RIGHT TO USE OR OCCUPY ANY
PUBLIC SPACE WITHIN THE HOTEL, INCLUDING ANY RETAIL, OFFICE OR LOBBY SPACE;
(I)
INSTITUTE IN ITS OWN NAME, OR IN THE NAME OF OWNER OR THE HOTEL,
ALL LEGAL ACTIONS OR PROCEEDINGS TO (I) COLLECT CHARGES, RENT, OR OTHER INCOME
DERIVED FROM THE HOTEL'S OPERATIONS; (II) OUST OR DISPOSSESS GUESTS, TENANTS OR
OTHER PERSONS IN POSSESSION THEREFROM; OR (III) TERMINATE ANY LICENSE OR
CONCESSION AGREEMENT FOR THE BREACH THEREOF OR DEFAULT THEREUNDER BY THE OWNER,
LICENSEE OR CONCESSIONAIRE;
A-3
(J)
TAKE ACTIONS TO CHALLENGE, PROTEST, APPEAL AND/OR LITIGATE TO
FINAL DECISION IN ANY APPROPRIATE COURT OR FORUM ANY APPLICABLE LAWS AFFECTING
THE HOTEL OR ANY ALLEGED NON-COMPLIANCE WITH, OR VIOLATION OF, ANY APPLICABLE
LAWS, PROVIDED THAT THE NON-COMPLIANCE WITH, OR VIOLATION OF, APPLICABLE LAWS
DURING SUCH CHALLENGE, PROTEST, APPEAL OR LITIGATION DOES NOT RESULT IN THE
CLOSING OF THE HOTEL OR ANY MATERIAL PORTION OR MATERIAL FACILITY OF THE HOTEL,
AND DOES NOT IMPOSE ANY