[For Disbursements Immediately Following Completion Of Any Foundation For Any Building Within The Riviera Black Hawk. The Independent Construction Consultant has received a copy of a foundation endorsement, on a building-by-building basis, from the Title Company insuring that the foundations for each building within the Riviera Black Hawk are constructed wholly within the boundaries of the Property then owned in fee simple by the Company and that such foundation(s) does not encroach on any easements or violate any covenants, conditions or restrictions of record. The foregoing representations, warranties and certifications are true, complete and correct and the Disbursement Agent is entitled to rely on the foregoing in authorizing and making the Disbursement. CRSS CONSTRUCTORS, INC., as Independent Construction Consultant By:-------------------------- Name:------------------------ Title:----------------------- CASH COLLATERAL AND DISBURSEMENT AGREEMENT EXHIBIT 2 TO EXHIBIT E-1 Form of Certificate of General Contractor for Disbursement Request for Construction Expenses [Date] IBJ Whitehall Bank & Trust Company, as Disbursement Agent Xxx Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 CRSS Constructors, Inc., as Independent Construction Consultant 0000 Xxxxxxxx, Xxxxx 0000 Xxxxxx, Xxxxxxxx 00000 Re: Disbursement Request No. ____________ under Cash Collateral and Disbursement Agreement of Riviera Black Hawk, Inc. Ladies and Gentlemen: The undersigned (the "General Contractor") hereby certifies as follows:
1. The General Contractor has reviewed the above referenced Disbursement Request and the Cash Collateral and Disbursement Agreement dated as of June 3, 1999 (as amended, supplemented or otherwise modified from time to time, the "Disbursement Agreement"), to which Riviera Black Hawk, Inc., a Colorado corporation (the "Company") is a party, to the extent necessary to understand the defined terms contained herein and in the Disbursement Request that are incorporated by reference from the Disbursement Agreement and to provide the certification contained herein. Capitalized terms used and not otherwise defined herein shall have the meanings given in the Disbursement Agreement.
2. The General Contractor hereby certifies and confirms the accuracy of the certifications in paragraphs 1, 3, 4, 5 and 7 of the above-referenced Disbursement Request as if made by and on behalf of the General Contractor directly; provided that the General Contractor makes no certification or confirmation relating to the status of Gaming Licenses or compliance with Gaming Laws with respect to whether the Riviera Blac...
