Common use of Conduct of Gaming Operations Clause in Contracts

Conduct of Gaming Operations. Landlord understands and agrees that Tenant maintains a riverboat owner’s license from the State of Indiana Gaming Commission (“IGC”) in order to operate a casino at Rising Star (“Gaming Operations”), and said license is a privilege, not a statutory right. As such, Tenant must maintain its suitability to operate its Gaming Operations at Rising Star. Landlord understands that Tenant shall have exclusive and complete control over Gaming Operations at Rising Star, as well as any other gaming operations owned or managed by Tenant, its parent company or affiliates, and shall have full authority to hire, discharge or discipline any and all of Tenant’s employees, including employees who may have responsibilities for the Premises and Hotel. Pursuant to 68 Indiana Administrative Code (“IAC”) 1-4-1, upon demand, the IGC may review this Lease, and may subsequently disapprove this Lease should it determine that it does not comply with Indiana Code (“IC”) 4-33, 4-35, IAC Title 68 or otherwise fails to maintain the integrity of the casino gambling industry. Landlord understands and agrees that Tenant shall be free to conduct the Gaming Operations, including any casino marketing to Hotel guests, security and surveillance measures, any contracts that may provide services to Hotel or any other matters that IGC or other gaming authorities having jurisdiction over Tenant, its parent company or affiliates may have the right to request or direct Tenant on such matter, without interference from or direction by Landlord or any of its representatives or agents. Neither Landlord nor any agent or representative of Landlord shall exercise, either directly or indirectly, management or control of any kind whatsoever, over the conduct of Tenant’s Gaming Operations or management and operation of the Premises and Hotel subject to this Lease. Further, Landlord shall not take any action, or attempt to take any action which could reasonably be expected to jeopardize Tenant’s gaming license or good standing with applicable regulatory authorities.