(C)
RIGHT OF ENTRY.
LANDLORD SHALL ALSO HAVE
THE RIGHT TO RE-ENTER THE LEASEHOLD PREMISES AND TO REMOVE ALL PERSONS AND
PROPERTY FROM SAME.
SUCH PROPERTY MAY BE REMOVED AND STORED IN A PUBLIC
WAREHOUSE OR ELSEWHERE (PURSUANT TO COMMERCIALLY REASONABLE TERM) AT THE COST
OF, AND FOR THE ACCOUNT OF, TENANT.
NO RE-ENTRY OR TAKING POSSESSION OF THE
LEASEHOLD PREMISES BY THE LANDLORD, PURSUANT TO THIS SECTION 9.02, SHALL BE
CONSTRUED AS AN ELECTION TO TERMINATE THIS LEASE.
NOR SHALL IT CAUSE A
FORFEITURE OF RENTS OR OTHER CHARGES TO BE PAID DURING THE BALANCE OF THE THEN
CURRENT TERM UNLESS A WRITTEN NOTICE OF SUCH INTENTION IS GIVEN TO TENANT, OR
UNLESS TERMINATION IS DECREED BY A LEGAL PROCEEDING.
NOTWITHSTANDING ANY
RELETTING WITHOUT TERMINATION BY LANDLORD BECAUSE OF ANY DEFAULT BY TENANT,
LANDLORD MAY AT ANY TIME AFTER SUCH RELETTING ELECT TO TERMINATE THIS LEASE FOR
ANY SUCH DEFAULT.
Section 9.03
Tenant Lender Rights.
Notwithstanding anything in this Article IX to the contrary, all rights of
Landlord set out in this Article IX (in addition to all other provisions of
this Lease) shall be expressly subject and subordinate to the Tenant Lender
Rights set out in Article XIV, below.
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SECTION 9.04.
DEFAULT BY LANDLORD.
LANDLORD SHALL
NOT BE DEEMED TO BE IN DEFAULT IN THE PERFORMANCE OF ANY OBLIGATION REQUIRED TO
BE PERFORMED BY IT HEREUNDER UNLESS AND UNTIL IT HAS FAILED TO PERFORM SUCH
OBLIGATION WITHIN SIXTY (60) DAYS AFTER WRITTEN NOTICE BY TENANT TO LANDLORD,
WHICH NOTICE SHALL SPECIFY WITH PARTICULARITY THE CLAIMED DEFAULT.
HOWEVER, IF
THE NATURE OF THE DEFAULT IS SUCH THAT MORE THAN SIXTY (60) DAYS ARE REQUIRED
FOR IT TO BE CURED, THEN LANDLORD SHALL NOT BE DEEMED TO BE IN DEFAULT IF IT
SHALL COMMENCE SUCH PERFORMANCE WITHIN SUCH SIXTY (60) DAY PERIOD AND THEREAFTER
DILIGENTLY PROSECUTE THE SAME TO COMPLETION.
THIS LEASE MAY NOT BE CANCELED FOR
ANY DEFAULT BY LANDLORD.
TENANT'S SOLE REMEDY FOR ANY DEFAULT BY LANDLORD SHALL
BE SUCH DAMAGES OR INJUNCTION RELIEF OR DECLARATORY RELIEF AS MAY BE AFFORDED BY
LAW (UNLESS SPECIFIED HEREIN).
SECTION 9.05.
COSTS AND ATTORNEYS' FEES.
IF EITHER
PARTY INCURS ANY EXPENSE, INCLUDING REASONABLE ATTORNEY'S FEES, IN CONNECTION
WITH ANY ACTION OF PROCEEDING, INCLUDING DECLARATORY RELIEF, INSTITUTED BY
EITHER PARTY BY REASON OF ANY DEFAULT OR ALLEGED DEFAULT OF THE OTHER PARTY
HEREUNDER, THE PARTY PREVAILING IN SUCH ACTION OR PROCEEDING SHALL BE ENTITLED
TO RECOVER ITS REASONABLE EXPENSES FROM THE OTHER PARTY.
IN ADDITION, SHOULD IT
BECOME NECESSARY FOR EITHER PARTY TO EMPLOY LEGAL COUNSEL TO ENFORCE ANY OF THE
PROVISIONS HEREIN CONTAINED, THE NON-PREVAILING PARTY AGREES TO PAY ALL LEGAL
FEES AND OTHER COSTS REASONABLY INCURRED BY THE PREVAILING PARTY.
Section 9.06
Default By Landlord For Appropriate
Authority Violations.
Should Landlord, at any time during the Lease Term, fail
to obtain or maintain any consents or approvals required of Landlord by any
governmental or regulatory authority (including, but not limited to, all
federal, state and local gaming authorities)