LEASE
OR ANY LEASE SCHEDULES, ANY DEALINGS BETWEEN THE PARTIES RELATING TO THE SUBJECT
MATTER HEREOF OR THEREOF, AND/OR THE RELATIONSHIP THAT IS BEING ESTABLISHED
BETWEEN THE PARTIES. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL ENCOMPASSING
OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT (INCLUDING, WITHOUT
LIMITATION, CONTRACT CLAIMS, TORT CLAIMS, BREACH OF DUTY CLAIMS, AND ALL OTHER
COMMON LAW AND STATUTORY CLAIMS). THIS WAIVER MAY NOT BE MODIFIED ORALLY, AND
THE WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENT, RENEWALS, SUPPLEMENT OR
MODIFICATIONS TO THIS LEASE. IN THE EVENT OF LITIGATION, THIS LEASE MAY BE FILED
AS A WRITTEN CONSENT TO A TRIAL BY THE COURT.
23.
MISCELLANEOUS.
23.1.
AMENDMENTS OR MODIFICATIONS. THIS LEASE SHALL NOT
BE MODIFIED OR AMENDED EXCEPT BY AN INSTRUMENT IN WRITING SIGNED BY OR ON BEHALF
OF THE PARTIES HERETO.
23.2.
BINDING EFFECT. THIS LEASE SHALL BE BINDING UPON
AND INURE TO THE BENEFIT OF THE PARTIES AND THEIR RESPECTIVE, PERMITTED
SUCCESSORS, HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS, AND ALL PERSONS CLAIMING
BY, THROUGH OR UNDER THEM.
23.3.
CAPTIONS, HEADINGS AND TITLES. THE CAPTIONS,
HEADINGS AND TITLES OF THE VARIOUS SECTIONS OF THIS LEASE ARE FOR CONVENIENCE
ONLY AND ARE NOT TO BE CONSTRUED AS CONFINING OR LIMITING IN ANYWAY THE SCOPE OR
INTENT OF THE PARTIES OR THE PROVISIONS HEREOF. WHENEVER THE CONTEXT REQUIRES OR
PERMITS, THE SINGULAR SHALL INCLUDE THE PLURAL, THE PLURAL SHALL INCLUDE THE
SINGULAR AND THE MASCULINE, FEMININE AND NEUTER SHALL BE FREELY INTERCHANGEABLE.
23.4.
COMPLIANCE WITH ALL LAWS. THE LESSEE SHALL NOT TO
VIOLATE ANY LAW OR REGULATION INCLUDING WITHOUT LIMITATION, ANY GAMING LAW OR
REGULATION OR TO ENGAGE IN ANY ACT OR OMISSION WHICH TENDS TO BRING DISCREDIT
UPON THE GAMING INDUSTRY OR OTHERWISE JEOPARDIZES THE OTHER PARTY'S ABILITY TO
ENGAGE IN BUSINESS WITH BUSINESSES LICENSED BY ANY APPLICABLE REGULATORY
AUTHORITIES. LESSOR SHALL USE ITS GOOD FAITH JUDGMENT IN DETERMINING WHETHER ANY
SUCH VIOLATION, ACT OR OMISSION OF LESSEE OR ITS DIRECTORS, OFFICERS OR
MANAGERS, IF ANY, PLACES LESSOR'S BUSINESS OR LICENSES AT RISK AND UPON SUCH
DETERMINATION LESSOR SHALL HAVE THE RIGHT TO IMMEDIATELY TERMINATE THIS LEASE OR
ANY LEASE SCHEDULE WITHOUT FURTHER LIABILITY TO LESSEE.
23.5.
RESERVED (INTENTIONALLY OMITTED).
15
23.6.
CONFIDENTIALITY.
23.6.1.
LESSEE SHALL NOT DISCLOSE INFORMATION RELATING TO THE
OPERATIONS OF LESSOR, ITS AFFILIATES OR SUBSIDIARIES, TO PERSONS OTHER THAN THE
MANAGEMENT OF LESSOR OR TO THOSE GOVERNMENTAL OR REGULATORY AUTHORITIES HAVING
COMPETENT JURISDICTION OVER LESSOR OR ITS BUSINESS, UNLESS LESSOR SHALL HAVE
GIVEN PRIOR WRITTEN CONSENT FOR THE RELEASE OF SUCH INFORMATION. LESSOR MAY
REQUIRE LESSEE TO EXECUTE A NONDISCLOSURE AGREEMENT IN CONNECTION WITH THIS
AGREEMENT AND LESSEE, IF SO REQUESTED BY LESSOR, AGREES TO EXECUTE THE SAME.
23.6.2.
LESSOR AND ITS EMPLOYEES SHALL KEEP ALL STATISTICAL,
FINANCIAL, CONFIDENTIAL, AND/OR PERSONAL DATA REQUESTED, RECEIVED, STORED OR
VIEWED BY LESSOR IN CONNECTION WITH THIS AGREEMENT IN THE STRICTEST CONFIDENCE.
LESSOR AGREES NOT TO DIVULGE TO THIRD PARTIES, WITHOUT THE WRITTEN CONSENT OF
LESSEE, ANY SUCH INFORMATION UNLESS: (I)