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, BORROWERS 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 BORROWERS 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, BORROWERS
135
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 FACILITIES OR OTHER DOCUMENTS SHALL BE DEEMED TO BE MADE SOLELY FOR
BANKS' INTERNAL PURPOSES AND SHALL NOT BE RELIED UPON BY THE BORROWERS OR ANY
THIRD PARTY.
IN NO EVENT SHALL LENDERS BE DEEMED OR CONSTRUED TO BE JOINT
VENTURERS OR PARTNERS OF BORROWERS.
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.
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.
BORROWERS AGREE UPON DEMAND TO PAY, OR REIMBURSE
AGENT BANK FOR, ALL OF AGENT BANK'S DOCUMENTED REASONABLE OUT-OF-POCKET COSTS
AND EXPENSES OF EVERY TYPE AND NATURE (EXCLUDING, HOWEVER, ALL SYNDICATION
COSTS) INCURRED BY AGENT BANK AT ANY TIME (WHETHER PRIOR TO, ON OR AFTER THE
DATE OF THIS CREDIT AGREEMENT) IN CONNECTION WITH (I) ANY REQUESTS FOR CONSENT,
WAIVER OR OTHER MODIFICATION OF ANY LOAN DOCUMENT MADE BY BORROWERS; (II) THE
NEGOTIATION, PREPARATION AND EXECUTION OF THIS CREDIT AGREEMENT (INCLUDING,
WITHOUT LIMITATION, THE