RECEIVE FROM THE BORROWER OR ANY GUARANTOR PURSUANT TO
THIS AGREEMENT IN CONFIDENCE, EXCEPT FOR DISCLOSURE (A) TO ITS OWN OFFICERS,
DIRECTORS, AND EMPLOYEES; (B) TO LEGAL COUNSEL, ACCOUNTANTS AND OTHER
PROFESSIONAL ADVISORS TO THE BORROWER, ANY GUARANTOR OR THE LENDER; (C) TO
REGULATORY OFFICIALS HAVING JURISDICTION OVER THE LENDER; (D) AS REQUIRED BY LAW
OR LEGAL PROCESS OR IN CONNECTION WITH ANY LEGAL PROCEEDING TO WHICH THE LENDER,
ON THE ONE HAND, AND THE BORROWER OR ANY GUARANTOR, ON THE OTHER, ARE ADVERSE
PARTIES; (E) TO ANOTHER FINANCIAL INSTITUTION IN CONNECTION WITH A DISPOSITION
OR PROPOSED DISPOSITION TO THAT FINANCIAL INSTITUTION OF ALL OR PART OF THE
LENDER'S INTERESTS HEREUNDER OR A PARTICIPATION INTEREST; (F) TO PROSPECTIVE
PURCHASERS OF ANY COLLATERAL IN CONNECTION WITH ANY DISPOSITION THEREOF; OR
(G) IF AN EVENT OF DEFAULT EXISTS, TO THE EXTENT THAT THE LENDER DETERMINES SUCH
DISCLOSURE TO BE NECESSARY OR APPROPRIATE IN THE ENFORCEMENT OR FOR THE
PROTECTION OF THE RIGHTS AND REMEDIES UNDER THE LOAN DOCUMENTS. FOR PURPOSES OF
THE FOREGOING, "CONFIDENTIAL INFORMATION" MEANS (X) ALL HISTORIC OR PROJECTED
FINANCIAL DATA RELATING TO THE GAMING BUSINESS, THE BORROWER, THE NATION OR ANY
GUARANTOR AND (Y) ALL INFORMATION CONCERNING THE BORROWER, THE NATION OR ANY
GUARANTOR DELIVERED TO THE LENDER MARKED "CONFIDENTIAL" OR IN ANOTHER
CONSPICUOUS MANNER WHICH DENOTES ITS CONFIDENTIALITY, OTHER THAN (I) INFORMATION
PREVIOUSLY FILED WITH ANY GOVERNMENTAL AUTHORITY AND AVAILABLE TO THE PUBLIC,
(II) INFORMATION PREVIOUSLY PUBLISHED IN ANY PUBLIC MEDIUM FROM A SOURCE OTHER
THAN, DIRECTLY OR INDIRECTLY, THE LENDER, AND (III) INFORMATION PREVIOUSLY
DISCLOSED BY THE BORROWER OR THE NATION OR A GUARANTOR TO ANY PERSON NOT
ASSOCIATED WITH THE BORROWER OR THE NATION OR A GUARANTOR WITHOUT A WRITTEN
CONFIDENTIALITY AGREEMENT.
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CREATE
OR GIVE RISE TO ANY FIDUCIARY DUTY ON THE PART OF THE LENDER TO THE BORROWER OR
ANY GUARANTOR.
SECTION 10.14 HAZARDOUS SUBSTANCES INDEMNITY. THE BORROWER HEREBY AGREES TO
INDEMNIFY, HOLD HARMLESS AND DEFEND (BY COUNSEL REASONABLY SATISFACTORY TO THE
LENDER) THE LENDER AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS
AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES,
FINES, PENALTIES, CHARGES, ADMINISTRATIVE AND JUDICIAL PROCEEDINGS AND ORDERS,
JUDGMENTS, REMEDIAL ACTION REQUIREMENTS, ENFORCEMENT ACTIONS OF ANY KIND, AND
ALL COSTS AND EXPENSES INCURRED IN CONNECTION THEREWITH (INCLUDING, BUT NOT
LIMITED TO, REASONABLE ATTORNEYS' FEES AND EXPENSES), ARISING DIRECTLY OR
INDIRECTLY, IN WHOLE OR IN PART, OUT OF (I) THE PRESENCE ON OR UNDER THE GAMING
BUSINESS REAL ESTATE OF ANY HAZARDOUS SUBSTANCES, OR ANY RELEASES OR DISCHARGES
OF ANY HAZARDOUS SUBSTANCES ON, UNDER OR FROM THE GAMING BUSINESS REAL ESTATE
AND (II) ANY ACTIVITY CARRIED ON OR UNDERTAKEN ON OR OFF THE GAMING BUSINESS
REAL ESTATE BY THE BORROWER, ANY GUARANTOR OR ANY OF THEIR PREDECESSORS IN
TITLE, WHETHER PRIOR TO OR DURING THE TERM OF THIS AGREEMENT, AND WHETHER BY THE
BORROWER, A GUARANTOR OR ANY PREDECESSOR IN TITLE OR ANY EMPLOYEES, AGENTS,
CONTRACTORS OR SUBCONTRACTORS OF THE BORROWER, A GUARANTOR