Common use of CONTRACT AMENDMENT PROCESS Clause in Contracts

CONTRACT AMENDMENT PROCESS. The Company shall have the right from time to time to amend any of the Construction Documents to which it is a party to change the scope of the work for any portion of the Facility and/or the Company’s payment obligations thereunder without review or approval from the Trustee or Disbursement Agent. Any such amendment that (i) when taken together with all other amendments to such Construction Documents results in a cost increase in excess of Twenty-Five Thousand Dollars ($25,000) in a Material Construction Document (or, with respect to the Construction Contract only, in excess of Seventy-Five Thousand Dollars ($75,000)), (ii) when taken together with all other amendments to such Contract results in a material reduction of the scope or quality of the work constituting the design or construction of the Facility, or (iii) results in the likely addition of more than one week of construction (or such amendments, in the aggregate, result in the likely addition of more than four weeks of construction), shall be in writing and shall identify with particularity all changes being made. The Company shall (a) deliver to the Trustee (x) an executed copy of the Contract amendment (the effectiveness of which will be subject only to satisfaction of the conditions in this Section 8.2), and (y) a Contract Amendment Certificate in the form attached hereto as Exhibit F-1, fully completed and executed, as applicable, and (b) if entering into such Contract Amendment will result in an amendment to the Construction Disbursement Budget, comply with the requirements of Section 8.1. Neither the Trustee nor the Disbursement Agent shall have any obligation to (1) review any Contract submitted, (2) review the Contract Amendment Certificate or any documents attached thereto, (3) investigate into any facts or matters contained in such Certificate or documents attached thereto, (4) make any determination as to whether the obligation to submit a Contract Amendment Certificate is triggered or (5) determine whether an amendment to the Construction Disbursement Budget is needed as a result of such Contract amendment. The Trustee and Disbursement Agent shall not be responsible for determining whether the Issuers have complied with this Section 8.2 or whether the Contract Amendment Certificate or any documents attached thereto comply with this Section 8.2 or this Agreement generally. Moreover, the Trustee and Disbursement Agent shall not incur any liability for either reviewing or failing to review such Certificate or documents attached thereto. The Contract Amendment shall be deemed approved upon receipt by the Trustee of the Contract Amendment Certificate. Notwithstanding the foregoing, the Issuers shall not be required to comply with this Section 8.2 in connection with entering into the GMP Change Order.

CONTRACT AMENDMENT PROCESS. The Company shall have the right from time to time to amend any of the Construction Documents Contract to which it is a party to change the scope of the work for any portion of the Facility and/or and the Company’s 's payment obligations thereunder without review or approval from the Trustee or Disbursement Agentthereunder. Any such amendment that (i) when taken together with all other amendments to such Construction Documents results in a cost increase in excess of Twenty-Five Thousand Dollars ($25,000) in a Material Construction Document (or, with respect to the Construction Contract only, in excess of Seventy-Five Thousand Dollars ($75,000)), (ii) when taken together with all other amendments to such Contract results in a material reduction lessening of the scope or quality of the work constituting the design or construction of the FacilityProject, the value of which is in excess of Twenty-Five Thousand Dollars ($25,000) in a Material Construction Document (or, with respect to the Construction Contract only, in excess of Seventy-Five Thousand Dollars ($75,000)), or (iii) results in the likely addition of more no less than one (1) week of construction (or such amendments, in the aggregate, result in the likely addition of more no less than four (4) weeks of construction), shall be in writing and shall identify with particularity specificity all changes being mademade thereto. The Company shall (a) deliver to the Trustee Disbursement Agent (xa) an executed copy of the Contract amendment (the effectiveness of which will be subject only to satisfaction of the conditions in this Section 8.2Section), ; and (yb) a Contract Amendment an Officers' Certificate in the form attached hereto as Exhibit F-1I-1, fully completed together with all exhibits, schedules and executed, as applicable, and attachments thereto (b) if entering into such the "Construction Contract Amendment will result Certificate"). The proposed amendment in an amendment to the Construction Disbursement Budget, comply with Contract Amendment Certificate shall become effective upon the requirements of Section 8.1. Neither execution and delivery by the Trustee nor Independent Construction Consultant to the Disbursement Agent shall have any obligation to (1) review any Contract submitted, (2) review of an Officer's Certificate in the Contract Amendment Certificate form of Exhibit I-2 attached hereto. Notwithstanding the foregoing or any documents attached thereto, (3) investigate into any facts or matters contained in such Certificate or documents attached thereto, (4) make any determination as to whether the obligation to submit a Contract Amendment Certificate is triggered or (5) determine whether an amendment anything else to the Construction Disbursement Budget is needed as a result of such Contract amendment. The Trustee and Disbursement Agent contrary in this Agreement, the Company shall not be responsible for determining whether have the Issuers have complied with this Section 8.2 or whether right to amend any Construction Contract without the Contract Amendment Certificate or any documents attached thereto comply with this Section 8.2 or this Agreement generally. Moreover, prior written consent of the Trustee and Disbursement Agent shall not incur any liability for either reviewing or failing to review such Certificate or documents attached thereto. The Contract Amendment Hyatt Gaming (copies of which shall be deemed approved upon receipt by delivered to the Trustee Disbursement Agent), which consent may be withheld in their sole and absolute discretion, if such amended Construction Contract would (i) require funds in excess of the Contract Amendment Certificate. Notwithstanding the foregoingAvailable Funds at any time, the Issuers shall not be required to comply with this Section 8.2 or (ii) would invalidate or otherwise affect any coverage under any surety performance or payment bond then in connection with entering into the GMP Change Ordereffect.

CONTRACT AMENDMENT PROCESS. The Company Borrower shall not enter into or approve any Contract Amendment except as set forth in this Section 6.2. The Borrower shall have the right from time to time as provided below, to amend or permit the amendment of any of the Construction Documents to which it is a party Contract including to change the scope of the work for any portion of the Facility and/or the CompanyBorrower’s payment obligations thereunder without review or approval from the Trustee or Disbursement Agentin connection therewith. Any such amendment Contract Amendment that (i) results in a cost increase in a Key Contract in excess of $500,000 individually or, when taken together with all other amendments to such Construction Documents Contract Amendments, results in a cost increase of $1,500,000 in excess of Twenty-Five Thousand Dollars ($25,000) in a Material Construction Document (or, with respect to the Construction Contract only, in excess of Seventy-Five Thousand Dollars ($75,000))aggregate, (ii) when taken together with all other amendments related Contract Amendments and after giving effect to such Contract any new, related Contracts, results in a material reduction lessening of the scope or quality of the work constituting the design or construction of the Facilitythereunder, or (iii) when taken together with all additions hereunder and under Section 6.2 of the Building Loan Disbursement Agreement, results in the likely addition of three (3) or more than one week of construction weeks to the Project Schedule under the Building Loan Disbursement Agreement) (or any such amendmentsamendment described in clauses (i) through (iii) above, in the aggregate, result in the likely addition of more than four weeks of construction), a “Material Contract Amendment”) shall be in writing and shall identify with reasonable particularity all changes being made. The Company Borrower shall not permit any Material Contract Amendment to become effective unless and until: (a) deliver the Borrower and all counterparties thereto have executed and delivered to the Trustee Disbursement Agent, the Construction Consultant, the Administrative Agent and the Collateral Agent the Material Contract Amendment (x) an executed copy of the Contract amendment (with the effectiveness of which will be thereof subject only to satisfaction of the applicable conditions in this Section 8.2clauses (b), (c), (d), (e) and (yf) a below); (b) the Borrower has submitted the Material Contract Amendment to the Disbursement Agent and the Administrative Agent together with an Officer’s Certificate substantially in the form attached hereto as of Exhibit F-1D (a “Contract Amendment Certificate”), fully completed and executed, as applicable, and together with the certificate of the Construction Consultant substantially in the form of Exhibit 1 to such Contract Amendment Certificate; (bc) if entering into such the Material Contract Amendment will result in an amendment to the Construction Disbursement Project Budget, comply the Borrower shall have complied with the requirements of Section 8.1. Neither 6.1; (d) if the Trustee nor Material Contract Amendment will cause the Disbursement Agent Project to no longer be In Balance, then the Borrower shall have any obligation to complied with the requirements of Section 6.4; (1e) review any Contract submitted, (2) review if the Material Contract Amendment Certificate or any documents attached thereto, (3) investigate into any facts or matters contained will result in such Certificate or documents attached thereto, (4) make any determination as to whether the obligation to submit a Contract Amendment Certificate is triggered or (5) determine whether an amendment to the Construction Disbursement Budget is needed as a result of such Contract amendment. The Trustee and Disbursement Agent Project Schedule, then the Borrower shall not be responsible for determining whether the Issuers have complied with the requirements of Section 6.15 of the Building Loan Disbursement Agreement to the extent applicable; and (f) if the Borrower delivered a payment or performance bond with respect to the applicable Key Contract, then, if requested by the Construction Consultant, the Borrower shall deliver a consent to such Material Contract Amendment from the surety under such bond. Contract Amendments which are not Material Contract Amendments shall not require compliance with the requirements set forth in this Section 8.2 6.2 or whether the Contract Amendment Certificate approval of the Administrative Agent or any documents attached thereto comply with other Person to be effective. However, for the avoidance of doubt, nothing in this Section 8.2 or 6.2 shall relieve the Borrower from complying with the other provisions of this Agreement generally. Moreover, or the Trustee and Disbursement Agent shall not incur any liability for either reviewing or failing to review such Certificate or documents attached thereto. The Contract Amendment shall be deemed approved upon receipt by the Trustee provisions of the Contract Amendment Certificate. Notwithstanding the foregoing, the Issuers shall not be required to comply with this Section 8.2 in connection with entering into the GMP Change OrderLoan Agreement.

CONTRACT AMENDMENT PROCESS. The Company shall have the right from time to time to amend any of the Construction Documents Contract to which it is a party to change the scope of the work for any portion of the Facility and/or and the Company’s 's payment obligations thereunder without review or approval from the Trustee or Disbursement Agentthereunder. Any such amendment that (i) when taken together with all other amendments to such Construction Documents results in a cost increase in excess of Twenty-Five Thousand ($25,000) in a Contract, the value of which is at least One-Hundred Thousand ($100,000) or (ii) results in a lessening of the scope or quality of the work constituting the construction of the Bossier City Project, the value of which is in excess of Twenty-Five Thousand Dollars ($25,000) in a Material Construction Document (or, with respect to Contract the Construction Contract only, in excess value of Seventywhich is at least One-Five Hundred Thousand Dollars ($75,000)), (ii) when taken together with all other amendments to such Contract results in a material reduction of the scope or quality of the work constituting the design or construction of the Facility, or (iii) results in the likely addition of more than one week of construction (or such amendments, in the aggregate, result in the likely addition of more than four weeks of construction100,000), shall be in writing and shall identify with particularity all changes being made. The Company shall (a) deliver to the Trustee Disbursement Agent (xa) an executed copy of the Contract amendment (with the effectiveness of which will be thereof subject only to satisfaction of the conditions in this Section 8.2), and SECTION 9.2);and (yb) a Contract Amendment an Officer's Certificate in the form attached hereto as Exhibit F-1, fully completed and executed, as applicable, and (b) if entering into such Contract Amendment will result in an amendment to the Construction Disbursement Budget, comply EXHIBIT H,together with the requirements of Section 8.1. Neither the Trustee nor the Disbursement Agent shall have any obligation Independent Construction Consultant's certification as provided in EXHIBIT 1 to (1) review any Contract submitted, (2) review the Contract Amendment Certificate or any documents attached theretoCertificate, (3) investigate into any facts or matters contained in such Certificate or documents attached thereto, (4) make any determination as to whether the obligation to submit a Contract Amendment Certificate is triggered or (5) determine whether an amendment to the Construction Disbursement Budget is needed as a result of event that such Contract amendment. The Trustee and Disbursement Agent shall not be responsible for determining whether relates to Hard Costs, the Issuers have complied with this Section 8.2 or whether General Contractor's certification as provided in EXHIBIT 2 to the Contract Amendment Certificate or any documents attached thereto comply with this Section 8.2 or this Agreement generally. MoreoverCertificate, executed by Max Foote if such Cxxxxxxx xelates to Max Foote Hard Coxxx xxx Xxllows if the Trustee Contract relates to Bellows Hard Costs and Disbursement Agent shall not incur any liability for either reviewing or failing the Project Architect's certification as provided in EXHIBIT 3 to review such Certificate or documents attached theretothe Contract Amendment Certificate, completed as to the information required therein. The Contract Amendment shall be deemed approved upon receipt by the Trustee Company of the Contract Amendment Certificate. Notwithstanding the foregoing, the Issuers shall not be Disbursement Agent's acknowledgment of receipt of items required to comply with under this Section 8.2 in connection with entering into the GMP Change OrderSECTION 9.2.

CONTRACT AMENDMENT PROCESS. The Company shall have the right from time to time to amend any of the Construction Documents Contract to which it is a party to change the scope of the work for any portion of the Facility Hooters Renovation and/or the Company’s payment obligations thereunder without review or approval from the Trustee or Disbursement Agentthereunder. Any such amendment that (i) when taken together with all other amendments to such Construction Documents Contract results in a cost increase in excess of Twenty-Five Fifty Thousand Dollars ($25,00050,000) in a Material Construction Renovation Document (or, with respect to the Construction Renovation Contract only, in excess of Seventy-Five One Hundred Thousand Dollars ($75,000100,000)), (ii) when taken together with all other amendments to such Contract results in a material reduction of the scope or quality of the work constituting the design or construction of the FacilityHooters Renovation, or (iii) results in the likely addition of more than one week of construction (or such amendments, in the aggregate, result in the likely addition of more than four weeks of construction), shall be in writing and shall identify with particularity all changes being made. The Company shall (a) deliver to the Trustee Disbursement Agent (x) an executed copy of the Contract amendment (the effectiveness of which will be subject only to satisfaction of the conditions in this Section 8.2), and (y) a Contract Amendment Certificate in the form attached hereto as Exhibit F-1, fully the Manager’s certification as provided in Exhibit 1 to the Contract Amendment Certificate, and if such Contract relates to Hard Costs, the General Contractor’s certification as provided in Exhibit 2 to the Contract Amendment Certificate and the Architect’s certification as provided in Exhibit 3 to the Contract Amendment Certificate, in each case completed and executed, as applicable, to the information required therein; and (b) if entering into such Contract Amendment will result in an amendment to the Construction Renovation Disbursement Budget, comply with the requirements of Section 8.1. Neither the Trustee nor the Disbursement Agent shall have any obligation to (1) review any Contract submitted, (2) review the Contract Amendment Certificate or any documents attached thereto, (3) investigate into any facts or matters contained in such Certificate or documents attached thereto, (4) make any determination as to whether the obligation to submit a Contract Amendment Certificate is triggered or (5) determine whether an amendment to the Construction Disbursement Budget is needed as a result of such Contract amendment. The Trustee and Disbursement Agent shall not be responsible for determining whether the Issuers have complied with this Section 8.2 or whether the Contract Amendment Certificate or any documents attached thereto comply with this Section 8.2 or this Agreement generally. Moreover, the Trustee and Disbursement Agent shall not incur any liability for either reviewing or failing to review such Certificate or documents attached thereto. The Contract Amendment shall be deemed approved upon receipt by the Trustee Company of the Contract Amendment Certificate. Notwithstanding the foregoing, the Issuers shall not be Disbursement Agent’s acknowledgment of receipt of items required to comply with under this Section 8.2 in connection with entering into the GMP Change Order8.2.