Common use of Guests’ Safe Deposit Boxes Clause in Contracts

Guests’ Safe Deposit Boxes. Prior to Closing, Seller shall use its best efforts to send a notice by certified mail to the last known address of each person who has stored personal property in safe deposit boxes located on the Hotel/Casino, advising them that they must make arrangements with Buyer to continue use of their safe deposit box and that if they should fail to do so within thirty (30) days after the date such notice is sent the box will be opened in the presence of a representative of Seller, a representative of Buyer, and a Notary Public commissioned in the State of Mississippi; that the contents will be sealed in a package by the Notary Public, who shall write on the outside the name of the person who rented the safe deposit box and the date of the opening of the box in the presence of the representatives of the Seller and the Buyer. The Notary Public and the representatives of the Seller and the Buyer shall then execute a certificate reciting the name of the person who rented the safe deposit box, the date of the opening of the box and a list of its contents. The certificate shall be placed in the package and a copy of it sent by certified mail to the last known address of the person who rented the safe deposit box. The package will then be placed in a vault arranged by Buyer. Seller shall be responsible for and indemnify Buyer against claims of alleged missing items not contained on the certificate, and Buyer shall be responsible for and indemnify Seller against claims of alleged missing items listed on the certificate. Indemnities of Buyer and Seller for this Section 5.08 will be as set forth in Section 9.02 and Section 9.03, respectively.

Guests’ Safe Deposit Boxes. Prior Not later than thirty (30) days prior to the Closing, Seller the Companies shall use its best commercially reasonable efforts to send a notice by certified mail to the last known address of each person Person who has stored personal property Personal Property in safe deposit boxes located on at the Hotel/Casino, advising them that they must make arrangements with Buyer to continue use of their safe deposit box and that that, if they should fail to do so within thirty fifteen (3015) days after the date of such notice is sent sent, the box will be opened in the presence of a representative Representative of Sellerthe Companies, a representative Representative of Buyer, and a Notary Public commissioned in the State of MississippiPublic; that and the contents of such box will be sealed in a package by the Notary Public, who shall write on the outside the name of the person Person who rented the safe deposit box and the date of the opening of the box in the presence of the representatives Representatives of the Seller Companies and the Buyer, respectively. The Notary Public and the representatives Representatives of the Seller Companies and the Buyer shall then execute a certificate reciting the name of the person Person who rented the safe deposit box, the date of the opening of the box and a list of its contents. The certificate shall be placed in the package and a copy of it sent by certified mail to the last known address of the person who rented the safe deposit box. The package will then be placed in a vault arranged by Buyer. Seller Pursuant to Article 11 hereof, and Sellers shall be responsible for and indemnify Buyer against claims of alleged missing items not contained listed on the certificate, and Buyer shall be responsible for and indemnify Seller Sellers against claims of alleged missing items listed on the certificate. Indemnities of Buyer and Seller for this Section 5.08 will be as set forth in Section 9.02 and Section 9.03, respectively.

Guests’ Safe Deposit Boxes. Prior Not later than 30 days prior to Closingthe anticipated Closing Date, Seller shall use its best commercially reasonable efforts to send a notice by certified mail to the last known address of each person Person who has stored personal property in safe deposit boxes located on at the Hotel/CasinoProperty, advising them that they must make arrangements with Buyer to continue use of their safe deposit box and that if they should fail to do so within thirty (30) 60 days after the date such notice is sent sent, the box will be opened in the presence of a representative Representative of Seller, a representative Representative of Buyer, a representative of the applicable Gaming Authority or its representative (if required by applicable Law) and a Notary Public commissioned in the State (if required by applicable Law, who may also be a Representative of MississippiBuyer or Seller); that and the contents of such box will be sealed in a package by the Notary Public, who shall write on the outside the name of the person Person who rented the safe deposit box and the date of the opening of the box in the presence of the representatives Representatives of the Seller and Buyer, respectively. Any costs incurred in connection with restoring locks of such boxes that are opened pursuant to the Buyerpreceding sentence shall be borne by Seller. The Notary Public and the representatives Representatives of each of the Seller and the Buyer shall then execute a certificate reciting the name of the person Person who rented the safe deposit box, the date of the opening of the box and a list of its contents. The certificate shall be placed in the package and a copy of it sent by certified mail to the last known address of the person Person who rented the safe deposit box. The package will then be placed in a vault arranged by Buyer. Pursuant to Article 9 hereof, Seller shall be responsible for and indemnify Buyer against claims of alleged missing items not contained on the certificate, and Buyer shall be responsible for and indemnify Seller against claims of alleged missing items listed on the certificate. Indemnities The provisions of Buyer and Seller for this Section 5.08 will 6.12.5 shall be as set forth in Section 9.02 and Section 9.03, respectivelysubject to applicable escheat laws of the State of New Jersey.

Guests’ Safe Deposit Boxes. Prior Not later than thirty (30) days prior to the Closing, Seller the Company shall use its best commercially reasonable efforts to send a notice by certified mail to the last known address of each person Person who has stored personal property in safe deposit boxes located on at the Hotel/Casino, advising them that they must make arrangements with Buyer to continue use of their safe deposit box and that if they should fail to do so within thirty fifteen (3015) days after the date of such notice is sent sent, the box will be opened in the presence of a representative Representative of Sellerthe Company, a representative Representative of Buyer, and a Notary Public commissioned in the State of MississippiPublic; that and the contents of such box will be sealed in a package by the Notary Public, who shall write on the outside the name of the person Person who rented the safe deposit box and the date of the opening of the box in the presence of the representatives Representatives of the Seller Company and the Buyer, respectively. The Notary Public and the representatives Representatives of the Seller Company and the Buyer shall then execute a certificate reciting the name of the person Person who rented the safe deposit box, the date of the opening of the box and a list of its contents. The certificate shall be placed in the package and a copy of it sent by certified mail to the last known address of the person who rented the safe deposit box. The package will then be placed in a vault arranged by Buyer. Seller Pursuant to ARTICLE XII hereof, Parent and Sellers shall be responsible for and indemnify Buyer against claims of alleged missing items not contained on the certificate, and Buyer shall be responsible for and indemnify Seller Sellers against claims of alleged missing items listed on the certificate. Indemnities of Buyer and Seller for this Section 5.08 will be as set forth in Section 9.02 and Section 9.03, respectively.

Guests’ Safe Deposit Boxes. Prior Not later than thirty (30) days prior to Closingthe anticipated Closing Date, each Seller shall use its best reasonable efforts to send a notice by certified mail to the last known address of each person Person who has stored personal property in safe deposit boxes located on the Hotel/Casinoat its Property, advising them that they must make arrangements with Buyer to continue use of their safe deposit box and that if they should fail to do so within thirty fifteen (3015) days after the date of such notice is sent sent, the box will be opened in the presence of a representative Representative of the applicable Seller, a Representative of Buyer, a representative of Buyer, the applicable Gaming Authority or its Representative (if required by applicable Law) and a Notary Public commissioned in the State (if required by applicable Law, who may also be a Representative of MississippiBuyer or a Seller); that and the contents of such box will be sealed in a package by the Notary Public, who shall write on the outside the name of the person Person who rented the safe deposit box and the date of the opening of the box in the presence of the representatives Representatives of the applicable Seller and the Buyer, respectively. The Notary Public and the representatives Representatives of each of the applicable Seller and the Buyer shall then execute a certificate reciting the name of the person Person who rented the safe deposit box, the date of the opening of the box and a list of its contents. The certificate shall be placed in the package and a copy of it sent by certified mail to the last known address of the person who rented the safe deposit box. The package will then be placed in a vault arranged by Buyer. Pursuant to Article XI hereof, the applicable Seller shall be responsible for and indemnify Buyer against claims of alleged missing items not contained on the certificate, and Buyer shall be responsible for and indemnify the applicable Seller against claims of alleged missing items listed on the certificate. Indemnities of Buyer and Seller for this Section 5.08 will be as set forth in Section 9.02 and Section 9.03, respectively.

Guests’ Safe Deposit Boxes. Prior Not later than thirty (30) days prior to Closingthe anticipated Closing Date, Seller shall use its best reasonable efforts to send a notice by certified mail to the last known address of each person Person who has stored personal property in safe deposit boxes located on at the Hotel/CasinoProperty, advising them that they must make arrangements with Buyer to continue use of their safe deposit box and that if they should fail to do so within thirty fifteen (3015) days after the date of such notice is sent sent, the box will be opened in the presence of a representative Representative of Seller, a representative Representative of Buyer, a representative of the applicable Gaming Authority or its Representative (if required by applicable Law) and a Notary Public commissioned in the State (if required by applicable Law, who may also be a Representative of MississippiBuyer or Seller); that and the contents of such box will be sealed in a package by the Notary Public, who shall write on the outside the name of the person Person who rented the safe deposit box and the date of the opening of the box in the presence of the representatives Representatives of the Seller and the Buyer, respectively. The Notary Public and the representatives Representatives of each of the Seller and the Buyer shall then execute a certificate reciting the name of the person Person who rented the safe deposit box, the date of the opening of the box and a list of its contents. The certificate shall be placed in the package and a copy of it sent by certified mail to the last known address of the person who rented the safe deposit box. The package will then be placed in a vault arranged by Buyer. Pursuant to Article X hereof, Seller shall be responsible for and indemnify Buyer against claims of alleged missing items not contained on the certificate, and Buyer shall be responsible for and indemnify Seller against claims of alleged missing items listed on the certificate. Indemnities of Buyer and Seller for this Section 5.08 will be as set forth in Section 9.02 and Section 9.03, respectively.

Guests’ Safe Deposit Boxes. Prior Not later than thirty (30) days prior to Closingthe anticipated Closing Date, Seller shall use its best commercially reasonable efforts to send a notice by certified mail to the last known address of each person Person who has stored personal property in safe deposit boxes located on at the Hotel/CasinoProperty, advising them that they must make arrangements with Buyer to continue use of their safe deposit box and that if they should fail to do so within thirty fifteen (3015) days after the date such notice is sent sent, the box will be opened in the presence of a representative Representative of Seller, a representative Representative of Buyer, a representative of the applicable Gaming Authority or its representative (if required by applicable Law) and a Notary Public commissioned in the State (if required by applicable Law, who may also be a Representative of MississippiBuyer or Seller); that and the contents of such box will be sealed in a package by the Notary Public, who shall write on the outside the name of the person Person who rented the safe deposit box and the date of the opening of the box in the presence of the representatives Representatives of the Seller and Buyer, respectively. Any costs incurred in connection with restoring locks of such boxes that are opened pursuant to the Buyerpreceding sentence shall be borne by Seller. The Notary Public and the representatives Representatives of each of the Seller and the Buyer shall then execute a certificate reciting the name of the person Person who rented the safe deposit box, the date of the opening of the box and a list of its contents. The certificate shall be placed in the package and a copy of it sent by certified mail to the last known address of the person who rented the safe deposit box. The package will then be placed in a vault arranged by Buyer. Pursuant to Article X hereof, Seller shall be responsible for and indemnify Buyer against claims of alleged missing items not contained on the certificate, and Buyer shall be responsible for and indemnify Seller against claims of alleged missing items listed on the certificate. Indemnities of Buyer and Seller for this Section 5.08 will be as set forth in Section 9.02 and Section 9.03, respectively.