Privileged License. Tenant acknowledges that Landlord and/or affiliates of Landlord are or may be subject to or exist because of privileged licenses issued by governmental authorities relating to casino gaming (“Gaming Authorities”). If a corporation, Tenant shall disclose the names of all officers and directors of Tenant, and unless a publicly traded corporation on a national stock exchange, Tenant shall disclose to Landlord all ownership interests in Tenant and all lenders or sources of financing. If requested to do so by Landlord, Tenant shall obtain any license, qualification, clearance or the like which shall be requested or required of Tenant by any Gaming Authority or any regulatory authority having jurisdiction over Landlord or any affiliate of Landlord. If Tenant fails to satisfy such requirement or if Landlord or any affiliate of Landlord is directed to cease business with Tenant by any such authority, or if Landlord shall in good faith determine, in Landlord’s reasonable judgment, that Tenant, or any of its officers, directors, employees, agents, designees or representatives, or partner, owner, member, or shareholder, or any lender or financial participant (a) is or might be engaged in, or is about to be engaged in, any activity or activities, or (b) was or is involved in any relationship, either of which could or does jeopardize Landlord’s business, reputation or such licenses, or those of its affiliates, or if any such license is threatened to be, or is, denied, curtailed, suspended or revoked, then Tenant shall immediately (i) terminate any relationship with the individual or entity which is the source of the problem, or (ii) cease the activity creating the problem. In the event Tenant does not comply with item (i) or (ii) above, then Landlord (x) may require Tenant to specifically perform such obligation (the parties recognizing that damages or other remedies would be inadequate under the circumstances) or (y) may terminate this Lease without liability to Tenant; provided, however, if any matter described herein is reasonably susceptible to cure, Tenant shall have a reasonable time within which to effect such cure (but in no event longer than the time available to fully comply with any requirement imposed by any Gaming Authority or any other Requirement) and Landlord shall not have the right to terminate this Lease during such cure period.
Privileged License. CONSULTANT acknowledges that AFFINITY and its affiliates are businesses that are subject to and exist because of privileged licenses issued by governmental authorities. If requested to do so by AFFINITY, CONSULTANT shall obtain any license, qualification, clearance or the like which shall be requested or required of CONSULTANT by any regulatory authority having jurisdiction over any parent, subsidiary or affiliate of AFFINITY. If CONSULTANT fails to satisfy such requirements or if AFFINITY or any parent, subsidiary or other affiliate of AFFINITY is directed to cease business with CONSULTANT by any such authority, or if AFFINITY shall in good faith determine, in AFFINITY'S sole and exclusive judgment, that CONSULTANT or any of its officers, directors, employees, agents, designees or representatives (a) is or might be engaged in, or about to be engaged in, any activity or activities, or (b) was in or is involved in any relationship which could or does jeopardize, AFFINITY'S business or such licenses, or those of its parent, subsidiaries or affiliates, or if any such license is threatened to be, or is, denied, curtailed, suspended or revoked, then AFFINITY shall have the right under this paragraph to terminate this Agreement by written notice to CONSULTANT without any further liability to AFFINITY.
Privileged License. Operator acknowledges that Owner, its parent company, subsidiaries and Affiliates, are businesses that are or may be subject to and exist because of privileged licenses issued by governmental authorities. If requested to do so by Owner, Operator, its principals, agents, employees, contractors and Affiliates (the “Operator Group”), shall obtain any license, qualification, clearance or the like which shall be requested or required of any of them by Owner or any regulatory authority having jurisdiction over Owner or any parent company, subsidiary or Affiliate of Owner. If the Operator Group fails to satisfy such requirement or if Owner or any parent company, subsidiary or Affiliate of Owner is directed to cease doing business with any member of the Operator Group, or if Owner shall determine in good faith, in Owner’s reasonable judgment, that any member of the Operator Group (a) is or might be engaged in, or is about to be engaged in, any activity or activities, or (b) was or is involved in any relationship, either of which could or does jeopardize Owner’s business or licenses, or those of a parent company, subsidiary or Affiliate, or if any such license is threatened to be, or is, denied, curtailed, subject to disciplinary measures, subject to disciplinary investigation, suspended or revoked, and Operator does not cause said objectionable item to be corrected or objectionable person to be removed from the Operator Group within fifteen (15) days from Owner’s written notice or otherwise does not resolve said issues to the satisfaction of any such regulatory authorities on or before any deadline set by such regulatory authority, then following such notice or deadline, and in addition to any other rights set forth in Section 26 of this Agreement, this Agreement may be immediately terminated by Owner and Owner shall thereafter have no liability to Operator or any member of the Operator Group for any loss, costs, expense, loss of anticipated profits, direct damages, indirect damages, consequential damages, punitive damages, or other damages or liability of any nature whatsoever whether based on contract, tort or any other theories of liability.
Privileged License. Consultant acknowledges that the Company has been issued licenses by governmental authorities that allow for the Company to own and operate marijuana establishments in compliance with the laws of the State of Nevada (the “Privileged License”) and will be subject the regulations surrounding such Privileged Licenses. If requested to do so by the Company, Consultant shall use its best efforts to obtain any license, qualification, clearance or the like (including, without limitation, Agent Card(s)) which shall be required of Consultant by any regulatory authority having jurisdiction over the Company. In the event Consultant determines complying with the obligations imposed by the preceding sentence is not economically feasible, Consultant may terminate this Agreement by providing written notice to the Company. Moreover, if: (i) Consultant fails to obtain the requisite license, qualification, or clearance necessary to satisfy the requirements of this Section; (ii) the Company is directed to cease business with Consultant by any such regulatory authority; or (iii) the Company acting in good faith determines, in the Company’s sole and exclusive judgment, that Consultant or any of Consultant’s agents, designees or representatives (a) is engaged in any activity or activities that reasonably jeopardize, the Company’s business or such Privileged Licenses, or (b) if any such Privileged Licenses is reasonably threatened to be, or is, denied, curtailed, suspended or revoked, and (d) if Consultant refuses or fails to cure the violation of subsection(s) (a), or (b), within a reasonable period of time, then the Company shall have the right under this Section to terminate this Agreement by providing written notice to Consultant.
Privileged License. TSYS acknowledges that COMPANY and its Affiliates may be subject to and exist because of privileged licenses issued by governmental and quasi-governmental authorities responsible for or involved in the regulation of gaming or gaming activities (“Gaming Authorities”). If TSYS is requested by any Gaming Authority to provide any information or obtain any approval from any Gaming Authority, then TSYS shall provide all requested information and apply for and obtain all reasonably necessary approvals required or requested of TSYS by such Gaming Authority, and, if TSYS thereafter fails to provide such requested information or apply for and obtain such necessary approvals, or if COMPANY or any of COMPANY’s Affiliates are directed to cease business with TSYS by a Gaming Authority, or if COMPANY shall in good faith determine, in COMPANY’s reasonable judgment, that TSYS is or is intending to engage in any activity or relationship that will or shall reasonably jeopardize COMPANY’s or any of COMPANY’s Affiliates’ privileged licenses, then (a) TSYS shall exercise its best efforts, in good faith, to remedy such issues, which may include terminating a relationship with the person who is the source of such issue if requested by COMPANY and (b) if, following such exercise of best efforts, TSYS is unable to remedy the issues, as determined by COMPANY in its reasonable discretion, or if COMPANY is required to do so by any Gaming Authority, COMPANY may, to the extent permitted by the Gaming Authorities, terminate this Agreement and its relationship with TSYS without further obligation to TSYS. To the extent permitted by the Gaming Authorities, any right or obligation of either party hereunder existing or accrued prior to any termination of this Agreement in accordance with the foregoing shall not be affected or impaired in any manner by such termination.
Privileged License. Both Parties acknowledge that each Party conducts a business that is subject to, and exists because of, privileged licenses issued by governmental authorities. Each Party therefore agrees that, in the event that one Party shall determine, in its reasonable judgment (i) that the other Party is, or might be, engaged in, or about to be engaged in, any activity or activities that jeopardizes, or could jeopardize, its business licenses, or (ii) that the existence of this Agreement jeopardizes or may jeopardize, its business or such licenses, such Party shall have the right, upon notice to the other Party, immediately to terminate this Agreement, at which time the Agreement shall cease and terminate and be of no further force and effect; provided, however, that the indemnity and insurance provisions of this Agreement shall survive any such termination.
Privileged License. Lessor acknowledges that, in its capacity as a lessor, it is subject to being called forward for licensing or suitability by the Nevada Gaming Commission, the Nevada State Gaming Control Board, and all other state and local regulatory and licensing bodies with authority over liquor or gaming activities and devices in the State of Nevada (the “Gaming Authorities”). Lessor agrees to fully cooperate with the Gaming Authorities and to submit for licensing or a finding of suitability if required or requested to do so. Lessor shall bear all costs and expenses related to Lessor’s licensing or finding of suitability, including but not limited to attorneys fees of Lessor. In the event Lessor fails or refuses to submit for licensing or a finding of suitability, or if Lessor is denied a license or found unsuitable as a lessor, Lessee shall not be required to pay any amount due pursuant to this Lease until such time as the Gaming Authorities approve such payments. All amounts due pursuant to this Lease which are not paid at the time they are due, as a result of Lessor failing or refusing to submit for licensing or being denied a license or being found unsuitable as a lessor, shall accrue to Lessor’s benefit and be paid by Lessee to Lessor upon approval of the Gaming Authorities. The non-payment of Rent or other fees when due pursuant to the foregoing provisions shall not constitute an Event of Default (as defined below). If one or more of the parties constituting Lessor fails or refuses to submit for licensing or a finding of suitability or if one or more of the parties constituting Lessor is denied a license or found unsuitable, the remaining parties constituting Lessor shall have the right to acquire such party(ies)’ interest at the then current fair market value. If the remaining parties constituting Lessor do not acquire the interest(s) of the party(ies) who fail or refuse to submit for licensing or a finding of suitability or who are denied a license or found unsuitable within the time parameters set by the Gaming Authorities, Lessee shall have the right to purchase the Premises for the then current fair market value of the Real Property, excluding the value of Improvements thereon, as determined by the average of two MAI appraisals, one to be obtained by Lessor and one by Lessee. Lessor further agrees to fully cooperate with Lessee and Lessee’s sublessees with respect to any applications for licensing filed by them.
Privileged License. Operator recognizes that Owner and affiliates of the Owner are subject to privileged licenses issued by gaming authorities and, accordingly, Operator will, if requested, (a) disclose the name of all principals of Operator and all lenders or sources of financing of Operator, and (b) obtain any license, qualification, clearance or the like which should be requested or required of operator by any gaming authority or any regulatory authority having jurisdiction over Owner or any affiliates of Owner. If Operator fails to satisfy such requirements or if Owner or any affiliates of Owner is directed to cease business with Operator by any such authority, or if Owner shall in good faith determine, in Owner’s reasonable judgment that Operator, any of its members, or any of its affiliates (a) is or might be engaged in, or is about to be engaged in, any activity or activities, or (b) was or is involved in any relationship, either of which could or does jeopardize Owner’s business, reputation or such licenses, or those of its affiliates, then Operator shall immediately terminate any relationship with the person which is the source of the problem, or cease the activity creating the problem. If any gaming or other regulatory authority requires any business conducted by Operator in the premises to be closed, then this Agreement shall be modified accordingly without penalty to any party. If any gaming or other regulatory authority requires this Agreement to be terminated, this Agreement shall thereupon terminate without penalty to any party, however, Owner shall pay to Operator an amount equal to Operator’s initial capital contribution. Regulatory Information. Owner and Operator each to the other shall provide all information pertaining to this arrangement and the Restaurant and as to their ownership structure, corporate structure, offices and directors, stockholders and partners identity, financing, transfers of interests, etc., as shall be required by any regulatory authority with jurisdiction over the other including without limitation, Louisiana, Indiana, Colorado, Nevada, and New Jersey or with respect to any federal or state securities law requirement. CASINOS – ATTACHMENT D (Drug Testing) Tenant shall, with respect to all employees at the Premises, adopt a drug testing policy approved by Landlord, which approval Landlord shall not unreasonably withhold.
Privileged License. This Permit constitutes only a privileged license, not a right, granted by Lakeshore which is fully revocable by Lakeshore at any time. Permittee shall not be deemed an invitee of Lakeshore nor the owner of the dock or slip, and neither this permit, nor any expenditure of monies by Permittee in reliance thereon, shall create any estate, servitude, or other possessory interest in favor of Permittee in the property subject of this Permit. The rights hereunder are not Permittee's rights and are limited solely by the terms of this Permit and as governed under the Rules. The rights of Lakeshore hereunder shall inure to the benefit of any of its successors or assigns; and the obligations of Permittee hereunder shall bind anyone using the slip under the Permit.
