(EXCLUDING TRADE FIXTURES) USED IN THE OPERATION AND MAINTENANCE OF THE
IMPROVEMENTS.
1.6
COMMENCEMENT DATE: AS USED HEREIN, THE TERM "COMMENCEMENT DATE"
SHALL MEAN THE EFFECTIVE DATE.
1.7
EFFECTIVE DATE:
AS USED HEREIN, THE TERM "EFFECTIVE DATE" SHALL
MEAN JANUARY 1, 2007.
1.8
EXISTING LEASE:
AS USED HEREIN, THE TERM "EXISTING LEASE" SHALL
MEAN ONE OR MORE OF THE LEASES DESCRIBED ON EXHIBIT "D" ATTACHED HERETO AND
INCORPORATED HEREIN.
1.9
FORCE MAJEURE EVENT:
AS USED HEREIN, THE TERM "FORCE MAJEURE
EVENT" SHALL MEAN AN ACT OF GOD, LABOR STOPPAGE, JOB ACTION OR STRIKE, MATERIAL
SHORTAGE, ADVERSE WEATHER CONDITIONS, INCLUDING, BUT NOT LIMITED TO HURRICANE OR
TROPICAL STORM.
1.10
GAMING OPERATIONS:
AS USED HEREIN, THE TERM "GAMING OPERATIONS"
SHALL MEAN GAMING MACHINES, GAMING TABLES, POKER TABLES, OR ANY OTHER TYPE OF
GAMING GAME FORMAT, IN ANY COMBINATION, AS DEFINED, APPROVED AND REGULATED BY
THE MISSISSIPPI GAMING COMMISSION.
2
1.11
GAMING SITE:
AS USED HEREIN, THE TERM "GAMING SITE" SHALL MEAN,
COLLECTIVELY, THE PREMISES, TIDELANDS PROPERTY AND ALL LEASED PROPERTY LOCATED
WITHIN THE WATERFRONT AREA.
1.12
GROSS GAMING WIN:
AS USED HEREIN, THE TERM "GROSS GAMING WIN"
SHALL MEAN, FOR THE PERIOD IN QUESTION, ADJUSTED GROSS REVENUE GENERATED FROM
GAMING OPERATIONS WITHIN THE GAMING SITE, AS REPORTED ON THE MONTHLY GAMING
REVENUE RECONCILIATION RETURNS FILED WITH THE MISSISSIPPI STATE TAX COMMISSION.
1.13
IMPROVEMENTS:
AS USED HEREIN, THE TERM "IMPROVEMENTS" SHALL MEAN
ALL IMPROVEMENTS (INCLUDING, WITHOUT LIMITATION, THE IMPROVEMENTS DESCRIBED IN
SECTION 6.1), STRUCTURES, BUILDINGS, INTERIOR IMPROVEMENTS, LANDSCAPING, PAVING,
PIPES, CONDUITS, ROADS, WALKWAYS, FIXTURES, FENCING, ON-SITE UTILITY LINES, AND
ALL APPARATUS, MACHINERY, DEVICES, FIXTURES, APPURTENANCES, AND EQUIPMENT
(EXCLUDING TRADE FIXTURES, AS DEFINED IN SECTION 1.27), AND ALL ALTERATIONS AND
ADDITIONS THERETO AND REPLACEMENTS THEREOF WHICH HAVE BEEN ERECTED BY SKRMETTA
OR PRIOR TENANT OR WHICH HAVE BEEN OR MAY BE ERECTED OR INSTALLED ON THE
PREMISES BY THE BY TENANT WHETHER BEFORE OR AFTER THE EFFECTIVE DATE, REGARDLESS
OF HOW SUCH IMPROVEMENTS ARE AFFIXED TO THE PREMISES.
THE TERM "IMPROVEMENTS"
SHALL NOT INCLUDE ANY BARGE OR ANY GAMING EQUIPMENT OR OTHER PERSONAL PROPERTY
OF TENANT, WHICH SHALL BE AND REMAIN AT ALL TIMES THE SOLE PERSONAL PROPERTY OF
TENANT.
1.14
INITIAL ACQUISITION PROPERTY:
AS USED HEREIN, THE TERM "INITIAL
ACQUISITION PROPERTY" SHALL MEAN THAT CERTAIN REAL PROPERTY DESCRIBED IN EXHIBIT
"B" ATTACHED HERETO AND MADE A PART HEREOF.
1.15
LANDLORD'S ESTATE:
AS USED HEREIN, THE TERM "LANDLORD'S ESTATE"
SHALL MEAN ALL OF LANDLORD'S RIGHT, TITLE AND INTEREST IN, UNDER AND TO THIS
LEASE AND THE PROPERTY.
1.16
LEASE TERM:
AS USED HEREIN, THE TERM "LEASE TERM" SHALL MEAN THE
TERM OF THIS LEASE AS DESCRIBED IN SECTION 2.3.
1.17
LEASE YEAR:
AS USED HEREIN, THE TERM "LEASE YEAR" SHALL MEAN (I)
THE PERIOD FROM THE COMMENCEMENT DATE THROUGH AND INCLUDING DECEMBER 31 OF THE
THEN CURRENT YEAR, (II) EACH COMPLETE, SUCCESSIVE TWELVE (12) MONTH PERIOD
THEREAFTER DURING THE LEASE TERM, AND (III) THE PERIOD COMMENCING JANUARY 1
IMMEDIATELY FOLLOWING EXPIRATION OF THE FINAL COMPLETE TWELVE (12 ) MONTH LEASE
YEAR DURING THE