WATER, GAS, ELECTRICITY AND OTHER PUBLIC
UTILITIES USED UPON OR FURNISHED TO THE PROPERTY DURING THE LEASE TERM SHALL BE
PROMPTLY PAID BY TENANT PRIOR TO DELINQUENCY.
ARTICLE 5
USE
5.1
PERMITTED USE:
SUBJECT TO THE REQUIREMENTS OF SECTION 5.4 BELOW,
TENANT MAY USE THE PREMISES, OR PERMIT THE PREMISES TO BE USED, FOR THE
FOLLOWING PURPOSES:
A.
DEVELOPMENT OF ONE OR MORE OF THE FOLLOWING ON THE PROPERTY AS IS
ELECTED BY TENANT, OF A DESIGN AND CAPACITY ELECTED BY TENANT, ALL TO THE EXTENT
ALLOWED BY AND IN CONFORMANCE WITH APPLICABLE LAW (A "GAMING OPERATION"): (I) A
RIVERBOAT GAMING VESSEL; (II) A DOCKSIDE GAMING VESSEL; OR (III) A LAND-BASED
CASINO.
B.
DEVELOPMENT AND OPERATION OF ANY FACILITIES THAT ARE RELATED TO,
NECESSARY FOR THE OPERATION OF, OR COMPATIBLE WITH AND ENHANCE ANY GAMING
OPERATION CONDUCTED ON THE PROPERTY, INCLUDING PARKING AREAS, ENTERTAINMENT AND
LODGING FACILITIES, FOOD AND BEVERAGE SERVICE AND FACILITIES, PASSENGER
TICKETING FACILITIES, DOCKING FACILITIES, STORAGE AND MAINTENANCE FACILITIES
(INCLUDING FUELING FACILITIES FOR ANY RIVERBOAT VESSEL); AND
C.
ANY OTHER ACTIVITY OR USE WHICH IS NOT PROHIBITED BY THE
MISSISSIPPI GAMING COMMISSION, PROVIDED THAT TENANT SATISFIES THE REQUIREMENTS
OF MINIMUM GAMING OPERATIONS AS SET FORTH IN SECTION 5.4 OF THIS LEASE.
5.2
COMPLIANCE WITH LAW:
TENANT SHALL COMPLY WITH ALL LAWS AND
REGULATIONS OF GOVERNMENTAL AUTHORITIES WITH RESPECT TO ITS USE OF THE
PROPERTY.
TENANT SHALL HAVE THE RIGHT, AT ITS OWN COST AND EXPENSE, TO CONTEST
OR REVIEW BY LEGAL AND/OR ADMINISTRATIVE PROCEEDING THE VALIDITY OR LEGALITY OF
ANY SUCH LAW OR REGULATION.
DURING SUCH CONTEST OR REVIEW, TENANT MAY REFRAIN
FROM COMPLYING THEREWITH PROVIDED THAT COMPLIANCE THEREWITH MAY LEGALLY BE SO
HELD IN ABEYANCE WITHOUT SUBJECTING LANDLORD TO ANY LIABILITY, CIVIL OR
CRIMINAL, FOR TENANT'S FAILURE SO TO COMPLY.
5.3
WASTE:
TENANT SHALL NOT COMMIT OR PERMIT WASTE ON THE PROPERTY
NOR SHALL TENANT REMOVE ANY EARTH, ROCKS, GRAVEL, MINERALS OR THE LIKE FROM THE
PREMISES EXCEPT TO THE EXTENT REASONABLY NECESSARY FOR THE CONSTRUCTION OF
IMPROVEMENTS.
5.4
REQUIRED GAMING OPERATIONS.
THROUGHOUT THE LEASE TERM, SUBJECT TO
(I) FORCE MAJEURE, (II) APPLICABLE GAMING REGULATIONS, AND (III) THE TERMS OF
THIS LEASE, TENANT SHALL ESTABLISH OR CAUSE ITS AFFILIATE(S) TO ESTABLISH AND,
SUBJECT TO THIS SECTION 5.4 AND SECTION 9.5 BELOW, SHALL CONTINUOUSLY OPERATE
WITHIN THE GAMING SITE GAMING OPERATIONS CONSISTING OF NOT LESS THAN 1100 GAMING
POSITIONS, NOT LESS THAN 900 OF WHICH SHALL BE SLOT MACHINES POSITIONS, USING
THE THEN CURRENT INDUSTRY STANDARDS IN MISSISSIPPI AS TO THE NUMBER OF GAMING
POSITIONS PER TABLE OR MULTIPLE-USER MACHINE GAME, WHICH MAY CHANGE FROM TIME TO
TIME, AS TENANT, IN ITS SOLE DISCRETION SHALL DETERMINE.
THE MIX, TYPE, BET
DENOMINATION, TABLE OR PARLAY MINIMUM, LOCATION AND THE HOURS OF OPERATION
14
during any particular day while the Improvements and/or any Barge may be legally
open for business, or any other operational decisions shall be determined in the
sole and absolute discretion of Tenant, including, but not limited to, closing
certain portions of the Gaming Facility