Common use of Enforcement of Obligations Clause in Contracts

Enforcement of Obligations. Except as currently exists for Newport Grand under the provisions of subsection 42-61.2-7(a)(2) and except as hereinafter expressly provided in section 4(f)(2), hereof, if the State or any entity thereof, including the Division, enters into any agreement or adopts, modifies or amends any law, rule or regulation that would impair the rights of Newport Grand under this act and/or under the Newport Grand Master Contract, as may be amended in the future, and as extended pursuant to this act and as may be extended in the future (as so amended and extended by this act and as may be amended and extended in the future), and/or fails to provide Newport Grand with slippage protection as described herein and the Newport Grand Master Contract, Newport Grand may bring a claim against the State and/or Division, for actual damages and/or specific performance and/or other equitable relief, notwithstanding any limitation on such damages imposed by the laws of the State. For purposes of computing the actual damages with respect to any claim by Newport Grand against the State and/or the Division for a failure to provide slippage protection pursuant to the provisions of this act and the Newport Grand Master Contract, “actual damages” means the positive difference between: (i) the gaming facility revenues Newport Grand would have retained had the State or any entity thereof, including, the Division, provided slippage protection for the period of time that the State and/or the Division fails to provide slippage protect on during the term of the Newport Grand Master Contract; and (i) the gaming facility revenues actually retained by Newport Grand.

Enforcement of Obligations. Except as currently exists for Newport Grand under the provisions of subsection 42-61.2-7(a)(2) and except as hereinafter expressly provided in section 4(f)(2), hereof, if the State or any entity thereof, including the Division, enters into any agreement or adopts, modifies or amends any law, rule or regulation that would impair the rights of Newport Grand under this act and/or under the Newport Grand Master Contract, as may be amended in the future, and as extended pursuant to this act and as may be extended in the future (as so amended and extended by this act and as may be amended and extended in the future), and/or fails to provide Newport Grand with slippage protection as described herein and the Newport Grand Master Contract, Newport Grand may bring a claim against the State and/or Division, for actual damages and/or specific performance and/or other equitable relief, notwithstanding any limitation on such damages imposed by the laws of the State. For purposes of computing the actual damages with respect to any claim by Newport Grand against the State and/or the Division for a failure to provide slippage protection pursuant to the provisions of this act and the Newport Grand Master Contract, “actual damages” means the positive difference between: (i) the gaming facility revenues Newport Grand would have retained had the State or any entity thereof, including, the Division, provided slippage protection for the period of time that the State and/or the Division fails to provide slippage protect on protection during the term of the Newport Grand Master Contract; and (iii) the gaming facility revenues actually retained by Newport Grand.

Enforcement of Obligations. Except as currently exists for Newport Grand under the provisions of subsection 42-42- 61.2-7(a)(2) and except as hereinafter expressly provided in section 4(f)(2), hereof, if the State or any entity thereof, including the Division, enters into any agreement or adopts, modifies or amends any law, rule or regulation that would impair the rights of Newport Grand under this act and/or under the Newport Grand Master Contract, as may be amended in the future, and as extended pursuant to this act and as may be extended in the future (as so amended and extended by this act and as may be amended and extended in the future), and/or fails to provide Newport Grand with slippage protection as described herein and the Newport Grand Master Contract, Newport Grand may bring a claim against the State and/or Division, for actual damages and/or specific performance and/or other equitable relief, notwithstanding any limitation on such damages imposed by the laws of the State. For purposes of computing the actual damages with respect to any claim by Newport Grand against the State and/or the Division for a failure to provide slippage protection pursuant to the provisions of this act and the Newport Grand Master Contract, “actual damages” means the positive difference between: (i) the gaming facility revenues Newport Grand would have retained had the State or any entity thereof, including, the Division, provided slippage protection for the period of time that the State and/or the Division fails to provide slippage protect on during the term of the Newport Grand Master Contract; and (iii) the gaming facility revenues actually retained by Newport Grand.

Enforcement of Obligations. (a) Except as currently exists for Newport Grand Twin River under the provisions of subsection 42-61.2-7(a)(2) and except as hereinafter expressly provided in section 4(f)(28B(b), hereof, if the State or any entity thereof, including the Division, enters into any agreement or adopts, modifies or amends any law, rule or regulation that would impair the rights of Newport Grand UTGR under this act and/or under the Newport Grand UTGR Master Contract, as may be amended in the future, and as extended pursuant to this act and as may be extended in the future (as so amended and extended by this act and as may be amended and extended in the future), and/or fails to provide Newport Grand UTGR with slippage protection as described herein and the Newport Grand UTGR Master Contract, Newport Grand UTGR may bring a claim against the State and/or Division, for actual damages and/or specific performance and/or other equitable relief, notwithstanding any limitation on such damages imposed by the laws of the State. For purposes of computing the actual damages with respect to any claim by Newport Grand UTGR against the State and/or the Division for a failure to provide slippage protection pursuant to the provisions of this act and the Newport Grand UTGR Master Contract, “actual damages” means the positive difference between: (i) the gaming facility revenues Newport Grand UTGR would have retained had the State or any entity thereof, including, the Division, provided slippage protection for the period of time that the State and/or the Division fails to provide slippage protect on protection during the term of the Newport Grand UTGR Master Contract; and (iii) the gaming facility revenues actually retained by Newport GrandUTGR.

Enforcement of Obligations. (a) Except as currently exists for Newport Grand Twin River under the provisions of subsection 42-61.2-61.2- 7(a)(2) and except as hereinafter expressly provided in section 4(f)(28B(b), hereof, if the State or any entity thereof, including the Division, enters into any agreement or adopts, modifies or amends any law, rule or regulation that would impair the rights of Newport Grand UTGR under this act and/or under the Newport Grand UTGR Master Contract, as may be amended in the future, and as extended pursuant to this act and as may be extended in the future (as so amended and extended by this act and as may be amended and extended in the future), and/or fails to provide Newport Grand UTGR with slippage protection as described herein and the Newport Grand UTGR Master Contract, Newport Grand UTGR may bring a claim against the State and/or Division, for actual damages and/or specific performance and/or other equitable relief, notwithstanding any limitation on such damages imposed by the laws of the State. For purposes of computing the actual damages with respect to any claim by Newport Grand UTGR against the State and/or the Division for a failure to provide slippage protection pursuant to the provisions of this act and the Newport Grand UTGR Master Contract, “actual damages” means the positive difference between: (i) the gaming facility revenues Newport Grand UTGR would have retained had the State or any entity thereof, including, the Division, provided slippage protection for the period of time that the State and/or the Division fails to provide slippage protect on during the term of the Newport Grand UTGR Master Contract; and (iii) the gaming facility revenues actually retained by Newport GrandUTGR.