INJUNCTIVE RELIEF, SEQUESTRATION, ATTACHMENT, GARNISHMENT OR THE
APPOINTMENT OF A RECEIVER FROM A COURT HAVING JURISDICTION BEFORE, DURING OR
AFTER THE PENDENCY OF ANY ARBITRATION.
THE INSTITUTION AND MAINTENANCE OF AN
ACTION FOR JUDICIAL RELIEF OR PURSUIT OF PROVISIONAL OR ANCILLARY REMEDIES OR
EXERCISE OF SELF-HELP REMEDIES SHALL NOT CONSTITUTE A WAIVER OF THE RIGHT OF ANY
PARTY, INCLUDING THE PLAINTIFF, TO SUBMIT THE DISPUTE TO ARBITRATION NOR RENDER
INAPPLICABLE THE COMPULSORY ARBITRATION PROVISION HEREOF.
SECTION 10.15.
WAIVER OF JURY TRIAL.
TO THE MAXIMUM EXTENT PERMITTED
BY LAW, BORROWER, GUARANTOR AND EACH OF THE BANKS EACH MUTUALLY HEREBY EXPRESSLY
WAIVE ANY RIGHT TO TRIAL BY JURY OF ANY ACTION, CAUSE OF ACTION, CLAIM, DEMAND,
OR PROCEEDING ARISING UNDER OR WITH RESPECT TO THIS CREDIT AGREEMENT, THE
REVOLVING CREDIT NOTE OR ANY OF THE LOAN DOCUMENTS, OR IN ANY WAY CONNECTED
WITH, RELATED TO, OR INCIDENTAL TO THE DEALINGS OF BORROWER, GUARANTOR AND BANKS
WITH RESPECT TO THIS CREDIT AGREEMENT, THE REVOLVING CREDIT NOTE OR ANY OF THE
LOAN DOCUMENTS, OR THE TRANSACTIONS RELATED HERETO, IN EACH CASE WHETHER NOW
EXISTING OR HEREAFTER ARISING, AND IRRESPECTIVE OF WHETHER SOUNDING IN CONTRACT,
TORT, OR OTHERWISE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BORROWER, GUARANTOR
AND EACH OF THE BANKS EACH MUTUALLY AGREE THAT ANY SUCH ACTION, CAUSE OF ACTION,
CLAIM, DEMAND, OR PROCEEDINGS SHALL BE DECIDED BY A COURT TRIAL WITHOUT A JURY
AND THAT THE DEFENDING PARTY MAY FILE AN ORIGINAL COUNTERPART OF THIS
SECTION WITH ANY COURT OR OTHER TRIBUNAL AS WRITTEN EVIDENCE OF THE CONSENT OF
THE COMPLAINING PARTY TO THE WAIVER OF ITS RIGHT TO TRIAL BY JURY.
SECTION 10.16.
SCOPE OF APPROVAL AND REVIEW.
ANY INSPECTION OF THE
HOTEL/CASINO FACILITY OR OTHER DOCUMENTS SHALL BE DEEMED TO BE MADE SOLELY FOR
BANKS' INTERNAL PURPOSES AND SHALL NOT BE RELIED UPON BY THE BORROWER, GUARANTOR
OR ANY THIRD PARTY.
IN NO EVENT SHALL LENDERS BE DEEMED OR CONSTRUED TO BE
JOINT VENTURERS OR PARTNERS OF BORROWER OR GUARANTOR.
SECTION 10.17.
SEVERABILITY OF PROVISIONS.
IN THE EVENT ANY ONE OR
MORE OF THE PROVISIONS CONTAINED IN THIS CREDIT AGREEMENT SHALL BE INVALID,
ILLEGAL OR UNENFORCEABLE IN ANY RESPECT, THE VALIDITY, LEGALITY AND
ENFORCEABILITY OF THE REMAINING PROVISIONS CONTAINED HEREIN SHALL NOT IN ANY WAY
BE AFFECTED OR IMPAIRED THEREBY.
SECTION 10.18.
CUMULATIVE NATURE OF COVENANTS.
ALL COVENANTS CONTAINED
HEREIN ARE CUMULATIVE AND NOT EXCLUSIVE OF EACH OTHER COVENANT.
ANY ACTION
ALLOWED BY ANY COVENANT SHALL BE ALLOWED ONLY IF SUCH ACTION IS NOT PROHIBITED
BY ANY OTHER COVENANT.
123
SECTION 10.19.
COSTS TO PREVAILING PARTY.
IF ANY ACTION OR ARBITRATION
PROCEEDING IS BROUGHT BY ANY PARTY AGAINST ANY OTHER PARTY UNDER THIS CREDIT
AGREEMENT OR ANY OF THE LOAN DOCUMENTS, THE PREVAILING PARTY SHALL BE ENTITLED
TO RECOVER SUCH COSTS AND ATTORNEY'S FEES AS THE COURT IN SUCH ACTION OR
PROCEEDING MAY ADJUDGE REASONABLE.
SECTION 10.20.
EXPENSES.
(A)
GENERALLY.
BORROWER AGREES UPON DEMAND TO PAY, OR REIMBURSE AGENT
BANK FOR, ALL OF AGENT BANK'S DOCUMENTED REASONABLE OUT-OF-POCKET COSTS AND