Incorporation of Lease. This Sublease and all rights of Sublessee hereunder are subject to the terms, conditions and provisions of the Lease, a copy of which is attached hereto, made a part hereof and incorporated herein by reference as Exhibit B; provided, however, that to the extent the express terms of this Sublease are inconsistent with the terms of the Lease, the express terms of this Sublease shall control. Notwithstanding the foregoing, the following provisions of the Lease are expressly not incorporated herein: Sections 4, 6.1, 6.3 (except for the definitions of Operating Expenses and Tax Costs therein), 8, 12.1, 12.2, 36.20, 37, 38, and 39 and Exhibit D. Other than the payment of Base Rent and Direct Costs under the Lease, Sublessee hereby assumes and agrees to observe and perform the covenants and obligations of Sublessor as lessee under the Lease with respect to the Premises. Sublessee shall not do anything or suffer or permit anything to be done which could result in a default under the Lease or permit the Lease to be canceled or terminated. Notwithstanding anything herein or in the Lease to the contrary, Sublessee shall not have any right to exercise or have Sublessor (and Sublessor does not intend to exercise) exercise any option under the Lease. It is expressly understood and agreed that Sublessor does not assume and shall not have any of the obligations or liabilities of the Lessor under the Lease, and that Sublessor is not making the representations or warranties, if any, made by the Lessor in the Lease. In the event of the termination of Sublessor’s interest as lessee under the Lease for any reason, this Sublease shall terminate concurrently therewith without any liability of Sublessor to Sublessee. Sublessor represents and warrants to Sublessee that (i) a true and complete copy of the Lease is annexed hereto as Exhibit B, (ii) Sublessor is the Tenant under the Lease, (iii) Sublessor has full right, power and authority to execute this Sublease as Sublessor hereunder and to sublet the Premises to Sublessee, subject only to obtaining the prior written consent of Lessor, which consent Sublessor shall use reasonable good-faith efforts to obtain, (iv) the person executing this Sublease on behalf of Sublessor has the right, power and authority to do so, (v) the Lease is in full force and effect, (vi) no agreement or understanding exists between Sublessor and Lessor except as disclosed in the Lease, the existence of which would have an adverse effect upon Sublessee, (v...
Incorporation of Lease. This Memorandum is for informational purposes only and nothing contained herein shall be deemed to in any way modify or otherwise affect any of the terms and conditions of the Lease, the terms of which are incorporated herein by reference. This instrument is merely a memorandum of the Lease and is subject to all of the terms, provisions and conditions of the Lease. In the event of any inconsistency between the terms of the Lease and this instrument, the terms of the Lease shall prevail.
Incorporation of Lease. All terms and conditions of the Lease are hereby incorporated herein by reference as if fully set forth herein.
Incorporation of Lease. The provisions set forth in the Lease are hereby incorporated into this Memorandum of Lease as if set out in full herein. In the event of any conflict or inconsistency between the terms of this Memorandum of Lease and the terms of the Lease, the terms of the Lease shall govern and control for all purposes.
Incorporation of Lease. For purposes of this Agreement, the term "Lease" shall mean and include the Lease, together with all valid present and future addenda, supplements, modifications and amendments to the Lease, and all rights, privileges arid options granted therein or pursuant thereto; provided, no future addenda, supplements, modifications and amendments to the Lease shall be binding on Lender unless Lender approved of any such document in advance. The Lease is incorporated into this Agreement for all purposes.
Incorporation of Lease. This Equipment Lease constitutes a "
Incorporation of Lease. Landlord and Tenant hereby agree that (a) this Amendment is incorporated into and made a part of the Lease, (b) any and all references herein to the Lease shall include this Amendment, and (c) the Lease and all terms, conditions and provisions of the Lease are in full force and effect as of the date hereof, except as expressly modified and amended hereinabove.
Incorporation of Lease. This Memorandum is a memorandum of the Lease. The purpose of this Memorandum is to give notice of the rights and obligations of the parties hereto under the Lease, and all of the terms and conditions of the Lease are incorporated herein by reference as if they were fully set forth herein. In the event of any inconsistency between the terms of this Memorandum and the terms of the Lease, the terms of the Lease shall prevail.
Incorporation of Lease. All of the provisions of the Lease are incorporated by reference herein as if set forth fully herein. Dated: 1/25/00 ------------------ LESSEE: LESSOR: By:s/s Dxxxx Xxxxx By:s/s Jxx X. Xxxxxxx XX ---------------------------------- ---------------------------- (Authorized Officer) (Authorized Officer) Print Name: Dxxxx Xxxxx Print Name:Jxx X. Xxxxxxx XX -------------------------- -------------------- Title:Treasurer Title:Vice Pres/General Counsel ------------------------------- ------------------------ 2 EXHIBIT 10.22 AMENDED AND RESTATED LEASE SCHEDULE NO. 2 TO MASTER LEASE AGREEMENT (with Purchase/Renewal and/or Upgrade Option) THIS AMENDED AND RESTATED LEASE SCHEDULE NO. 2 ("Amended Lease Schedule") with an effective date of December 13, 1999 amends and restates that Lease Schedule No. 2 dated December 13, 1999 and is attached to and made a part of the Master Lease Agreement ("Lease") between PDS FINANCIAL CORPORATION-COLORADO, a Colorado corporation ("Lessor"), and RIVIERA BLACK HAWK, INC., a Colorado corporation ("Lessee"), dated December 13, 1999.
Incorporation of Lease. The provisions contained in this Addendum are an integral part of the Lease of which this Addendum is a part and are intended to supplement the Lease. The provisions of this Addendum are specifically subject to the provisions of the Lease, and in the event of any conflict between the provisions of the Lease and the provisions of this Addendum, the provisions of the Lease shall control. The capitalized terms herein shall have the same meanings as described thereto in the Lease unless otherwise expressly provided herein to the contrary.
