OR ANY PREDECESSOR IN
TITLE, OR ANY THIRD PERSONS AT ANY TIME OCCUPYING OR PRESENT ON THE GAMING
BUSINESS REAL ESTATE, IN CONNECTION WITH THE HANDLING, TREATMENT, REMOVAL,
STORAGE, DECONTAMINATION, CLEANUP, TRANSPORT OR DISPOSAL OF ANY HAZARDOUS
SUBSTANCES AT ANY TIME LOCATED OR PRESENT ON OR UNDER
67
THE GAMING BUSINESS REAL ESTATE.
THE FOREGOING INDEMNITY SHALL FURTHER APPLY TO
ANY RESIDUAL CONTAMINATION ON OR UNDER THE GAMING BUSINESS REAL ESTATE, OR
AFFECTING ANY NATURAL RESOURCES, AND TO ANY CONTAMINATION OF ANY PROPERTY OR
NATURAL RESOURCES ARISING IN CONNECTION WITH THE GENERATION, USE, HANDLING,
STORAGE, TRANSPORT OR DISPOSAL OF ANY SUCH HAZARDOUS SUBSTANCES, AND
IRRESPECTIVE OF WHETHER ANY OF SUCH ACTIVITIES WERE OR WILL BE UNDERTAKEN IN
ACCORDANCE WITH APPLICABLE LAWS, BUT THE FOREGOING INDEMNITY SHALL NOT APPLY TO
(I) HAZARDOUS SUBSTANCES ON THE GAMING BUSINESS REAL ESTATE, THE PRESENCE OF
WHICH IS CAUSED BY THE LENDER OR (II) ACTIVITIES CARRIED ON OR UNDERTAKEN BY THE
LENDER, IN EACH CASE SUBSEQUENT TO ITS ENTRY INTO THE GAMING BUSINESS REAL
ESTATE (BUT ONLY TO THE EXTENT THAT THE SAME ARE NOT ATTRIBUTABLE TO THE
BORROWER OR ANY GUARANTOR).
SECTION 10.15 FURTHER ASSURANCES. THE BORROWER SHALL, AND SHALL CAUSE EACH
GUARANTOR TO, EXECUTE AND DELIVER SUCH FURTHER ACTS AND DOCUMENTS AS THE LENDER
MAY REASONABLY REQUEST, AND TO ASSUME AND CONFIRM UNTO LENDER THE RIGHTS HEREBY
CREATED OR INTENDED NOW OR HEREAFTER SO TO BE, OR FOR CARRYING OUT THE INTENTION
OR FACILITATING THE PERFORMANCE OF THE TERMS OF ANY LOAN DOCUMENT:
SECTION 10.16 INTEGRATION. THIS AGREEMENT, TOGETHER WITH THE OTHER LOAN
DOCUMENTS, COMPRISES THE COMPLETE AND INTEGRATED AGREEMENT OF THE PARTIES ON THE
SUBJECT MATTER HEREOF AND SUPERSEDES ALL PRIOR AGREEMENTS, WRITTEN OR ORAL, ON
THE SUBJECT MATTER HEREOF (INCLUDING ANY TERM SHEETS OR COMMITMENT LETTERS). IN
THE EVENT OF ANY CONFLICT BETWEEN THE PROVISIONS OF THIS AGREEMENT AND THOSE OF
ANY OTHER LOAN DOCUMENT, THE PROVISIONS OF THIS AGREEMENT SHALL CONTROL AND
GOVERN; PROVIDED, THAT THE INCLUSION OF SUPPLEMENTAL RIGHTS OR REMEDIES IN FAVOR
OF THE LENDER IN ANY OTHER LOAN DOCUMENT SHALL NOT BE DEEMED A CONFLICT WITH
THIS AGREEMENT.
SECTION 10.17 SEVERABILITY OF PROVISIONS. ANY PROVISION IN ANY LOAN DOCUMENT TO
WHICH BORROWER IS A PARTY THAT IS HELD TO BE INOPERATIVE, UNENFORCEABLE OR
INVALID AS TO ANY PARTY OR IN ANY JURISDICTION SHALL, AS TO THAT PARTY OR
JURISDICTION, BE INOPERATIVE, UNENFORCEABLE OR INVALID WITHOUT AFFECTING THE
REMAINING PROVISIONS OR THE OPERATION, ENFORCEABILITY OR VALIDITY OF THAT
PROVISION AS TO ANY OTHER PARTY OR IN ANY OTHER JURISDICTION, AND TO THIS END
THE PROVISIONS OF ALL LOAN DOCUMENTS TO WHICH BORROWER IS A PARTY ARE DECLARED
TO BE SEVERABLE.
SECTION 10.18 TIME OF THE ESSENCE. TIME IS OF THE ESSENCE OF THE LOAN DOCUMENTS.
SECTION 10.19 PURPORTED ORAL AMENDMENTS. THE BORROWER AND THE LENDER EXPRESSLY
ACKNOWLEDGE THAT THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS MAY ONLY BE AMENDED
OR MODIFIED, OR THE PROVISIONS HEREOF OR THEREOF WAIVED OR SUPPLEMENTED, BY AN
INSTRUMENT IN WRITING THAT COMPLIES