Common use of Lessor Remedies Clause in Contracts

Lessor Remedies. If Lessee 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 Lessor’s remedies. If Lessor picks up the Leased Equipment, Lessor may sell, release or otherwise dispose of the Leased Equipment and apply the proceeds, less reasonable selling and administrative expenses, to the amounts due by Lessee and Lessee shall be responsible for any balance deficiency after such application. These remedies are cumulative, in addition to any other remedies provided by law, and may be exercised concurrently or separately. Any failure or delay by Lessor to exercise any right shall not operate as a waiver of any right. 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.

Lessor Remedies. If Lessee defaults, Lessor may do one or more acknowledges that the enforcement of this Lease requires approval of the following: Control Board and/or the Nevada Gaming Commission (a"the Commission") recover from Lesseeand that copies of all Default Notices, legal proceedings, etc. will be forwarded to the sum ofappropriate 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) all past declare the aggregate Rent then accrued and unpaid together with the balance of any Rent to be immediately due and current lease payments and other amounts due under this Agreementpayable; (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 present value of all remaining lease payments, discounted at Equipment to Lessor pursuant to the rate of 3% per annumprovisions hereof; and (iiiiv) if this subject to appropriate Gaming Laws, rules, laws and regulations, and required approvals, take possession, sell and/or re-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 any Unit as provided in Section 4(c), charge Lessee for expenses incurred in connection with the enforcement of Lessor’s remedies. If Lessor picks up the Leased Equipment, Lessor may selldesire, release or otherwise dispose of the Leased Equipment in its sole discretion. Lessor's rights and apply the proceeds, less reasonable selling remedies herein are cumulative and administrative expenses, to the amounts due by Lessee and Lessee shall be responsible for any balance deficiency after such application. These remedies are cumulative, in addition to any other rights or remedies provided by lawavailable at law or in equity including the Uniform Commercial Code, and may be exercised concurrently or separately. Any failure 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 delay conditions of the Lease or any Schedules. A termination hereunder shall occur only upon written notice by Lessor to exercise Lessee and no repossession or other act by Lessor after default shall relieve Lessee from any right shall not operate as a waiver of any right. 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 INCURREDits obligations to Lessor hereunder unless Lessor so notifies Lessee in writing.

Lessor Remedies. If Lessee defaults, Lessor may do one or more acknowledges that the enforcement of this Lease requires approval of the following: Control Board and/or the Nevada Gaming Commission (a"the Commission") recover from Lesseeand that copies of all Default Notices, legal proceedings, etc. will be forwarded to the sum ofappropriate 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) all past declare the aggregate Rent then accrued and unpaid together with the balance of any Rent to be immediately due and current lease payments and other amounts due under this Agreementpayable; (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 present value of all remaining lease payments, discounted at Equipment to Lessor pursuant to the rate of 3% per annumprovisions hereof; and (iiiiv) if this subject to appropriate gaming laws and regulations, and required approvals, take possession, sell and/or re-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 any Unit as provided in Section 4(c), charge Lessee for expenses incurred in connection with the enforcement of Lessor’s remedies. If Lessor picks up the Leased Equipment, Lessor may selldesire, release or otherwise dispose of the Leased Equipment in its sole discretion. Lessor's rights and apply the proceeds, less reasonable selling remedies herein are cumulative and administrative expenses, to the amounts due by Lessee and Lessee shall be responsible for any balance deficiency after such application. These remedies are cumulative, in addition to any other rights or remedies provided by lawavailable at law or in equity including the Uniform Commercial Code, and may be exercised concurrently or separately. Any failure 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 delay conditions of the Lease or any Schedules. A termination hereunder shall occur only upon written notice by Lessor to exercise Lessee and no repossession or other act by Lessor after default shall relieve Lessee from any right shall not operate as a waiver of any right. 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 INCURREDits obligations to Lessor hereunder unless Lessor so notifies Lessee in writing.

Lessor Remedies. If Lessee defaults, Lessor may do one or more acknowledges that the enforcement of this Lease requires approval of the following: Control Board and/or the Indiana Gaming Commission (a"the Commission") recover from Lesseeand that copies of all Default Notices, legal proceedings, etc. will be forwarded to the sum ofappropriate 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) all past declare the aggregate Rent then accrued and unpaid together with the balance of any Rent to be immediately due and current lease payments and other amounts due under this Agreementpayable; (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 present value of all remaining lease payments, discounted at Equipment to Lessor pursuant to the rate of 3% per annumprovisions hereof; and (iiiiv) if this subject to appropriate Gaming Laws, rules, laws and regulations, and required approvals, take possession, sell and/or re-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 any Unit as provided in Section 4(c), charge Lessee for expenses incurred in connection with the enforcement of Lessor’s remedies. If Lessor picks up the Leased Equipment, Lessor may selldesire, release or otherwise dispose of the Leased Equipment in its sole discretion. Lessor's rights and apply the proceeds, less reasonable selling remedies herein are cumulative and administrative expenses, to the amounts due by Lessee and Lessee shall be responsible for any balance deficiency after such application. These remedies are cumulative, in addition to any other rights or remedies provided by lawavailable at law or in equity including the Uniform Commercial Code, and may be exercised concurrently or separately. Any failure 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 delay conditions of the Lease or any Schedules. A termination hereunder shall occur only upon written notice by Lessor to exercise Lessee and no repossession or other act by Lessor after default shall relieve Lessee from any right shall not operate as a waiver of any right. 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 INCURREDits obligations to Lessor hereunder unless Lessor so notifies Lessee in writing.