Lessor Remedies. Lessee acknowledges that the enforcement of this Lease requires approval of the Control Board and/or the Nevada Gaming Commission ("the Commission") and that copies of all Default Notices, legal proceedings, etc. will be forwarded to the appropriate agency as required by state law, regulation or upon request of the Control Board or the Commission. Lessee further acknowledges that upon any Event of Default, and at any time thereafter, Lessor, may in addition to any and all rights and remedies it may have at law or in equity, without notice to or demand upon Lessee at its sole option: (i) declare the aggregate Rent then accrued and unpaid together with the balance of any Rent to be immediately due and payable; (ii) proceed by appropriate court action or other proceeding, either at law or in equity to enforce performance by Lessee of any and all covenants of this Lease; (iii) on written notice to Lessee, terminate any of Lessee's rights under this Lease or Schedule in which event Lessee shall immediately surrender and return the Equipment to Lessor pursuant to the provisions hereof; and (iv) subject to appropriate gaming laws and regulations, and required approvals, take possession, sell and/or re-lease any Unit as Lessor may desire, in its sole discretion. Lessor's rights and remedies herein are cumulative and in addition to any rights or remedies available at law or in equity including the Uniform Commercial Code, and may be exercised concurrently or separately. Lessee shall pay all costs, expenses, losses, damages and legal costs (including reasonable attorneys' fees) incurred by Lessor and its Assignees as a result of enforcing any terms or conditions of the Lease or any Schedules. A termination hereunder shall occur only upon written notice by Lessor to Lessee and no repossession or other act by Lessor after default shall relieve Lessee from any of its obligations to Lessor hereunder unless Lessor so notifies Lessee in writing.
Appears in 2 contracts
Samples: Master Lease Agreement (Santa Fe Gaming Corp), Master Lease Agreement (Santa Fe Gaming Corp)
Lessor Remedies. If Lessee acknowledges that defaults, Lessor may do one or more of the following: (a) recover from Lessee, the sum of: (i) all past due and current lease payments and other amounts due under this Agreement; (ii) the present value of all remaining lease payments, discounted at the rate of 3% per annum; and (iii) if this lease is not a $1 Buyout Lease, the Fair Market Value of the effected item(s) of Leased Equipment; (b) require Lessee to make the Leased Equipment available to Lessor for pickup at Lessee’s premises (and Lessee shall be responsible for removing all data as provided in Section 4(c), charge Lessee for expenses incurred in connection with the enforcement of this Lease requires approval Lessor’s remedies. If Lessor picks up the Leased Equipment, Lessor may sell, release or otherwise dispose of the Control Board and/or Leased Equipment and apply the Nevada Gaming Commission ("the Commission") proceeds, less reasonable selling and that copies of all Default Noticesadministrative expenses, legal proceedings, etc. will be forwarded to the appropriate agency as required amounts due by state lawLessee and Lessee shall be responsible for any balance deficiency after such application. These remedies are cumulative, regulation or upon request of the Control Board or the Commission. Lessee further acknowledges that upon any Event of Default, and at any time thereafter, Lessor, may in addition to any and all rights and other remedies it may have at law or in equity, without notice to or demand upon Lessee at its sole option: (i) declare the aggregate Rent then accrued and unpaid together with the balance of any Rent to be immediately due and payable; (ii) proceed provided by appropriate court action or other proceeding, either at law or in equity to enforce performance by Lessee of any and all covenants of this Lease; (iii) on written notice to Lessee, terminate any of Lessee's rights under this Lease or Schedule in which event Lessee shall immediately surrender and return the Equipment to Lessor pursuant to the provisions hereof; and (iv) subject to appropriate gaming laws and regulations, and required approvals, take possession, sell and/or re-lease any Unit as Lessor may desire, in its sole discretion. Lessor's rights and remedies herein are cumulative and in addition to any rights or remedies available at law or in equity including the Uniform Commercial Codelaw, and may be exercised concurrently or separately. Lessee shall pay all costs, expenses, losses, damages and legal costs (including reasonable attorneys' fees) incurred by Lessor and its Assignees as a result of enforcing any terms Any failure or conditions of the Lease or any Schedules. A termination hereunder shall occur only upon written notice delay by Lessor to Lessee and no repossession or other act by Lessor after default exercise any right shall relieve Lessee from not operate as a waiver of any of its obligations to Lessor hereunder unless Lessor so notifies Lessee in writingright. EXCEPTING FOR CLAIMS OF DEATH, PERSONAL INJURY, OR DAMAGE TO PROPERTY, LESSOR SHALL NOT BE LIABLE FOR INCIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES. THE LIMITATION OF LIABILITY OF THIS AGREEMENT SHALL BE IN ADDITION TO ANY INSURANCE COVERAGE REQUIRED UNDER SECTION 12 OF EXHIBIT A OF THE PARTICIPATING ADDENDUM, BUT IN NO EVENT WILL THE LIABILITY COVERAGE EXCEED ACTUAL DAMAGES INCURRED.
Appears in 2 contracts
Lessor Remedies. Lessee acknowledges that the enforcement of this Lease requires approval of the Control Board and/or the Nevada Gaming Commission ("the Commission") and that copies of all Default Notices, legal proceedings, etc. will be forwarded to the appropriate agency as required by state law, regulation or upon request of the Control Board or the Commission. Lessee further acknowledges that upon any Event of Default, and at any time thereafter, Lessor, may in addition to any and all rights and remedies it may have at law or in equity, without notice to or demand upon Lessee at its sole option: (i) declare the aggregate Rent then accrued and unpaid together with the balance of any Rent to be immediately due and payable; (ii) proceed by appropriate court action or other proceeding, either at law or in equity to enforce performance by Lessee of any and all covenants of this Lease; (iii) on written notice to Lessee, terminate any of Lessee's rights under this Lease or Schedule in which event Lessee shall immediately surrender and return the Equipment to Lessor pursuant to the provisions hereof; and (iv) subject to appropriate gaming Gaming Laws, rules, laws and regulations, and required approvals, take possession, sell and/or re-lease any Unit as Lessor may desire, in its sole discretion. Lessor's rights and remedies herein are cumulative and in addition to any rights or remedies available at law or in equity including the Uniform Commercial Code, and may be exercised concurrently or separately. Lessee shall pay all costs, expenses, losses, damages and legal costs (including reasonable attorneys' fees) incurred by Lessor and its Assignees as a result of enforcing any terms or conditions of the Lease or any Schedules. A termination hereunder shall occur only upon written notice by Lessor to Lessee and no repossession or other act by Lessor after default shall relieve Lessee from any of its obligations to Lessor hereunder unless Lessor so notifies Lessee in writing.
Appears in 2 contracts
Samples: Master Lease Agreement (Santa Fe Gaming Corp), Master Lease Agreement (Elsinore Corp)
Lessor Remedies. Lessee acknowledges that the enforcement of this Lease requires approval of the Control Board and/or the Nevada Indiana Gaming Commission ("the Commission") and that copies of all Default Notices, legal proceedings, etc. will be forwarded to the appropriate agency as required by state law, regulation or upon request of the Control Board or the Commission. Lessee further acknowledges that upon any Event of Default, and at any time thereafter, Lessor, may in addition to any and all rights and remedies it may have at law or in equity, without notice to or demand upon Lessee at its sole option: (i) declare the aggregate Rent then accrued and unpaid together with the balance of any Rent to be immediately due and payable; (ii) proceed by appropriate court action or other proceeding, either at law or in equity to enforce performance by Lessee of any and all covenants of this Lease; (iii) on written notice to Lessee, terminate any of Lessee's rights under this Lease or Schedule in which event Lessee shall immediately surrender and return the Equipment to Lessor pursuant to the provisions hereof; and (iv) subject to appropriate gaming Gaming Laws, rules, laws and regulations, and required approvals, take possession, sell and/or re-lease any Unit as Lessor may desire, in its sole discretion. Lessor's rights and remedies herein are cumulative and in addition to any rights or remedies available at law or in equity including the Uniform Commercial Code, and may be exercised concurrently or separately. Lessee shall pay all costs, expenses, losses, damages and legal costs (including reasonable attorneys' fees) incurred by Lessor and its Assignees as a result of enforcing any terms or conditions of the Lease or any Schedules. A termination hereunder shall occur only upon written notice by Lessor to Lessee and no repossession or other act by Lessor after default shall relieve Lessee from any of its obligations to Lessor hereunder unless Lessor so notifies Lessee in writing.
Appears in 1 contract
Samples: Master Lease Agreement (Showboat Marina Partnership)