DELIVER TO LANDLORD TENANT'S CALCULATION OF THE FOR GAMING OPERATIONS AT
THE GAMING SITE ACTUALLY RECEIVED BY TENANT DURING THE APPLICABLE MONTH,
CERTIFIED AS TRUE AND CORRECT IN ALL MATERIAL RESPECTS BY TENANT, AND THE RENT
DUE FOR SUCH MONTH.
ALL RENT SHALL BE PAID IN LAWFUL MONEY OF THE UNITED STATES
TO LANDLORD AT ITS ADDRESS SET FORTH FOR NOTICES IN SECTION 17.3, OR TO SUCH
OTHER PLACE AS LANDLORD MAY DESIGNATE FROM TIME TO TIME IN WRITING, WITHOUT
ABATEMENT, DEDUCTION, OFFSET OR PRIOR DEMAND THEREFORE, EXCEPT AS OTHERWISE
EXPRESSLY PROVIDED IN THIS LEASE.
RENT SHALL BE PRORATED IN THE EVENT OF
EARLIER TERMINATION OF THE LEASE TERM AS PROVIDED IN THIS LEASE.
3.3
AUDITS:
TENANT SHALL PROVIDE LANDLORD WITH COPIES OF ALL GAMING
REVENUE REPORTS FILED BY TENANT WITH THE STATE OF MISSISSIPPI DURING THE LEASE
TERM.
LANDLORD RESERVES THE RIGHT TO CONDUCT AN INDEPENDENT AUDIT OF TENANT'S
RECORDS REGARDING TENANT'S GAMING OPERATIONS AT THE GAMING SITE TO ASCERTAIN THE
ACCURACY OF ANY MONTHLY FINANCIAL REPORT SUBMITTED BY TENANT.
THE INDEPENDENT
AUDIT, WITH RESPECT TO ANY ONE MONTHLY FINANCIAL REPORT, MAY BE CONDUCTED AT ANY
TIME WITHIN NINETY (90) DAYS OF LANDLORD'S RECEIPT OF SUCH STATEMENT AND MAY BE
CONDUCTED BY A CERTIFIED PUBLIC ACCOUNTING FIRM OF LANDLORD'S CHOICE.
IF ANY
SUCH INDEPENDENT AUDIT CORRECTLY SHOWS THAT THE AUDITED MONTHLY FINANCIAL REPORT
RESULTED IN AN UNDERPAYMENT OF RENT OF MORE THAN FIVE PERCENT (5%) OF THE RENT
ACTUALLY DUE, THEN TENANT SHALL PAY THE COST OF SUCH AUDIT.
OTHERWISE, THE COST
OF SUCH AUDIT SHALL BE PAID BY LANDLORD.
NOTWITHSTANDING ANYTHING CONTAINED IN
THIS LEASE TO THE CONTRARY, IF LANDLORD DOES NOT NOTIFY TENANT IN WRITING WITHIN
NINETY (90) DAYS OF LANDLORD'S RECEIPT OF SUCH STATEMENT THAT LANDLORD IS
CONDUCTING AN AUDIT PURSUANT TO THIS SECTION 3.3, LANDLORD'S AUDIT RIGHTS WITH
RESPECT TO SUCH STATEMENT SHALL LAPSE.
3.4
LAST YEAR'S RENT:
NOTWITHSTANDING ANYTHING CONTAINED IN THIS
LEASE TO THE CONTRARY, IF TENANT OR ITS ASSIGNEE REMAINS IN POSSESSION OF THE
PREMISES AND THIS LEASE IS IN FULL FORCE AND EFFECT ON THE LAST DAY OF THE 85TH
YEAR DURING THE LEASE TERM, TENANT SHALL BE ENTITLED TO A CREDIT OF $2,000,000
AGAINST RENT DUE FOR THE LAST TWELVE (12) MONTH PERIOD OF THE LEASE TERM.
3.5
LUMP SUM PAYMENT:
IN ADDITION TO RENT DUE HEREUNDER, ON OR BEFORE
THE FIFTH DAY AFTER THE EXECUTION DATE, TENANT SHALL PAY TO LANDLORD A ONE-TIME,
LUMP SUM PAYMENT AS COMPLETE AND FULL SATISFACTION OF ALL OUTSTANDING
OBLIGATIONS OF TENANT UNDER THE PRIOR LEASE, IN THE AMOUNT OF $630,414.00, WHICH
AMOUNT FOR PURPOSES OF THIS LEASE SHALL NOT BE DEEMED RENT.
12
3.6
SUPPLEMENTAL RENT PAYMENT:
IN ADDITION TO RENT DUE UNDER SECTION
3.1 ABOVE, TENANT SHALL PAY TO LANDLORD, ON OR BEFORE THE FIFTH DAY AFTER THE
EXECUTION DATE, A LUMP SUM PAYMENT EQUAL TO THE EXTENT BY WHICH, AND ONLY IN THE
EVENT, RENT DUE UNDER SECTION 3.1 ABOVE FOR THE PERIOD COMMENCING ON JANUARY 1,
2007 THROUGH AND