BE GOVERNED BY, AND
CONSTRUED IN
ACCORDANCE
WITH,
THE LAWS OF THE STATE OF NEW YORK
WITHOUT
REFERENCE
TO CHOICE OF LAW DOCTRINE
THAT WOULD RESULT IN THE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION.
THE BORROWER HEREBY KNOWINGLY,
VOLUNTARILY AND INTENTIONALLY WAIVES
ANY AND ALL RIGHTS IT MAY HAVE TO A TRIAL BY JURY IN
RESPECT OF ANY
LITIGATION
BASED ON, OR ARISING OUT OF,
UNDER,
OR IN CONNECTION
WITH,
THIS NOTE, OR ANY
COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN), OR
ACTIONS OF THE BORROWER,
ANY OTHER LOAN PARTY, THE AGENT, THE LENDER, ANY OTHER
LENDER OR ANY OTHER HOLDER OF THIS NOTE.
THIS NOTE AND THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT
AMONG THE PARTIES WITH RESPECT TO THE MATTERS COVERED HEREBY AND THEREBY AND MAY
NOT BE
CONTRADICTED
BY EVIDENCE OF PRIOR,
CONTEMPORANEOUS
OR SUBSEQUENT ORAL
AGREEMENTS OF THE PARTIES.
THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
Terms used herein and not
otherwise
defined
herein shall have the
meanings provided for such terms in the Agreement.
IN WITNESS
WHEREOF,
the
Borrower
has caused this Note to be duly
executed and delivered as of the date first above written.
EMPIRE RESORTS, INC.
By /s/ Scott A. Kaniewski
Name:
Scott A. Kaniewski
Title:
CFO