Common use of Preservation and Maintenance Clause in Contracts

Preservation and Maintenance. (i) Trustor will preserve and maintain the Trust Property in accordance with the applicable provisions of the Indenture. Further, Trustor shall keep all of the Trust Property in good condition and repair and expressly agrees that it will neither permit nor commit any waste upon the Trust Property, nor do any other act or suffer or permit any act to be done, whereby the Lien hereof may be impaired. Trustor shall comply in all material respects with all zoning laws, building codes, subdivision laws, gaming and liquor laws (including without limitation the Colorado Liquor Code and the Colorado Limited Gaming Act and their respective regulations), and other applicable laws, and Trustor shall not become involved in conduct that would cause either the Gaming or Liquor Licenses relating to the Trust Property to be suspended or revoked. Trustor agrees not to initiate or acquiesce in any zoning variance or reclassification which would prohibit the use of the Trust Property for its intended purposes. Trustor shall at all times comply in all material respects with applicable restrictive covenants and the terms and conditions of all other Permitted Liens relating to the Trust Property. Notwithstanding anything above to the contrary, to the extent expressly permitted by the Indenture, Trustor may remove or sell any fixture, equipment, machinery or appliance in or on the Trust Property incident to the replacement of such items with replacements leased or purchased by Trustor with the proceeds of FF&E Financing. (ii) Without granting to Trustor any right to incur Indebtedness or Liens not expressly permitted by the Indenture, Trustor may make alterations or construct other improvements on the Land to the extent not prohibited by the Indenture or under any other documents creating a Permitted Lien on the Trust Property (any of the foregoing are called herein a "Permitted Alteration"); provided that such work shall be performed in a good and workmanlike manner and in compliance with all laws including without limitation the Colorado Liquor Code and the Colorado Limited Gaming Act.

Preservation and Maintenance. (i) Trustor will preserve and maintain the Trust Property in accordance with the applicable provisions of the IndentureSubordinated Loan Agreement. Further, Trustor shall keep all of the Trust Property in good condition and repair and expressly agrees that it will neither permit nor commit any waste upon the Trust Property, nor do any other act or suffer or permit any act to be done, whereby the Lien hereof may be impaired. Trustor shall comply in all material respects with all zoning laws, building codes, subdivision laws, gaming and liquor laws (including without limitation the Colorado Liquor Code and the Colorado Limited Gaming Act and their respective regulations), and other applicable laws, and Trustor shall not become involved in conduct that would cause either the Gaming or Liquor Licenses relating to the Trust Property to be suspended or revoked. Trustor agrees not to initiate or acquiesce in any zoning variance or reclassification which would woul! d prohibit the use of the Trust Property for its intended purposes. Trustor shall at all times comply in all material respects with applicable restrictive covenants and the terms and conditions of all other Permitted Liens relating to the Trust Property. Notwithstanding anything above to the contrary, to the extent expressly permitted by the IndentureSubordinated Loan Agreement, Trustor may remove or sell any fixture, equipment, machinery or appliance in or on the Trust Property incident to the replacement of such items with replacements leased or purchased by Trustor with the proceeds of FF&E Financing. (ii) Without granting to Trustor any right to incur Indebtedness or Liens not expressly permitted by the IndentureSubordinated Loan Agreement, Trustor may make alterations or construct other improvements on the Land to the extent not prohibited by the Indenture Subordinated Loan Agreement or under any other documents creating a Permitted Lien on the Trust Property (any of the foregoing are called herein a "Permitted Alteration"); provided that such work shall be performed in a good and workmanlike manner and in compliance with all laws including without limitation the Colorado Liquor Code and the Colorado Limited Gaming Act.

Preservation and Maintenance. (i) Trustor will preserve and maintain the Trust Property in accordance with the applicable provisions of the IndentureLoan Agreement and other Transaction Documents. Further, Trustor shall keep all of the Trust Property in good condition and repair and expressly agrees that it will neither permit nor commit any waste upon the Trust Property, nor do any other act or suffer or permit any act to be done, whereby the Lien hereof may be impaired. Trustor shall comply in all material respects with all zoning laws, building codes, subdivision laws, gaming and liquor laws (including without limitation the Colorado Liquor Code and the Colorado Limited Gaming Act and their respective regulations), and other applicable laws, and Trustor shall not become involved in conduct that would cause either the Gaming or Liquor Licenses relating to the Trust Property to be suspended or revoked. Trustor agrees not to initiate or acquiesce in any zoning variance or reclassification which would prohibit the use of the Trust Property for its intended purposes. Trustor shall at all times comply in all material respects with applicable restrictive covenants and the terms and conditions of all other Permitted Liens relating to the Trust Property. Notwithstanding anything above to the contrary, to the extent expressly permitted by the IndentureLoan Agreement and other Transaction Documents, Trustor may remove or sell any fixture, equipment, machinery or appliance in or on the Trust Property incident to the replacement of such items with replacements leased or purchased by Trustor with the proceeds of FF&E Financing. (ii) Without granting to Trustor any right to incur Indebtedness or Liens not expressly permitted by the IndentureLoan Agreement and other Transaction Documents, Trustor may make alterations or construct other improvements on the Land to the extent not prohibited by the Indenture Loan Agreement and other Transaction Documents or under any other documents creating a Permitted Lien on the Trust Property (any of the foregoing are called herein a "Permitted Alteration"); provided that such work shall be performed in a good and workmanlike manner and in compliance with all laws including without limitation the Colorado Liquor Code and the Colorado Limited Gaming Act.

Preservation and Maintenance. (i) Trustor Trustors will preserve and maintain the Trust Property in accordance with the applicable provisions of the Indenture. Further, each Trustor shall keep all of the Trust Property in good condition and repair and expressly agrees that it will neither permit nor commit any waste upon the Trust Property, Property nor do any other act or suffer or permit any act to be done, whereby the Lien hereof may be impaired. Trustor Trustors shall comply in all material respects with all zoning laws, building codes, subdivision laws, gaming and liquor laws (including including, without limitation limitation, the Colorado Liquor Code and the Colorado Limited Gaming Act and their respective regulations), and other applicable laws, laws and Trustor shall not become involved in conduct that would cause either the Gaming gaming or Liquor Licenses relating to the Trust Property liquor licenses to be suspended or revoked. Trustor agrees Trustors agree not to initiate or acquiesce in any zoning variance or reclassification which would prohibit the use of the Trust Property for its intended purposes. Trustor Trustors shall at all times comply in all material respects with applicable restrictive covenants and the terms and conditions of all other Permitted Liens relating related to the Trust Property. Notwithstanding anything above to the contrary, to the extent expressly permitted by the Indenture, Trustor Trustors may remove or sell any fixture, equipment, machinery or appliance in or on the Trust Property incident to the replacement of such items with replacements leased or purchased by Trustor Trustors with the proceeds of FF&E Financing. (ii) Without granting to Trustor Trustors any right to incur Indebtedness or Liens not expressly permitted by the Indenture, Trustor Trustors may make alterations or construct other improvements on the Land to the extent not prohibited by the Indenture or under any other documents creating a Permitted Lien on the Trust Property (any of the foregoing are called herein a "Permitted Alteration"); provided that -------- such work shall be performed is done in a good and workmanlike manner and manner, in compliance with all laws including including, without limitation limitation, the Colorado Liquor Code and the Colorado Limited Gaming Act.