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Casino Digital Signs

Licensor shall provide Licensee with all updates and revisions of the Manuals applicable to the Casino.{/INSERTKEYS}{/PARAGRAPH} Such initial training shall include, without limitation, the Rock training program. A Grant. {PARAGRAPH}{INSERTKEYS}Exhibit 4. Licensee will, at all times, operate the Casino as provided for herein consistently in accordance with the Management Standard required of Licensee hereunder and in accordance with the Hard Rock System and Manuals. A Fees. D Gaming. C System Modification. No Fees or other sums payable hereunder shall be refundable to Licensee other than as specifically provided herein. Licensor shall be entitled to all interest earned on such deposits. Other than as provided in this Agreement, Licensee shall not in any manner utilize the Licensed Marks on or in connection with any Internet Site, including but not limited to any utilization or display of the Licensed Marks or any derivation thereof or any trademarks, trade names, service marks, logos or designs confusingly similar thereto, or in any buried computer code, meta-tags or otherwise, except as specifically permitted herein. B Advertising After Opening Date. C Reserved Rights. B Infringements of or By the Licensed Marks. Nothing in this clause requires Licensee to purchase business interruption insurance. G Prompt Payment of Amounts Due. Each such alteration, erection, or installation shall be made only in accordance with plans, drawings, and specifications previously submitted to and approved in writing by Licensor. H Late Payments. Licensee will inform Licensor immediately if any of the Manuals, or any portion thereof, is copied, stolen, removed from the Casino, lost, or damaged. Neither party will acquire any interest in the Confidential Information of the other party learned by that party other than the right to utilize the same in connection with the ownership and operation of the Hotel and Casino during the Term of this Agreement. C Quality Notices. Licensee shall use its reasonable efforts to promptly fill any vacant Casino management position. G Month Defined. F Sale of Securities. Licensee will, at all times, maintain the interior and exterior of the Licensed Location and the Casino, and all contents thereof, in a high standard of decoration, repair, cleanliness and orderliness consistent with the Management Standard and the standards of the Hard Rock System and Manuals. Unpaid amounts due and owing from Licensee shall bear interest, pro rata per day, on the past due balance at the Interest Rate. If at any time, any legal restriction shall be imposed upon the purchase of United States Dollars or the transfer to or credit of a non-resident entity with payments in United States Dollars, Licensee shall notify Licensor immediately. D Full Staffing; Additional Training. Licensee shall not be entitled to participate in any manner in any revenues and shall not be liable for any costs and expenses resulting from the offer and sale of Branded Merchandise on any Internet Site, or by reason of any link from any Licensee Internet Site as defined in the following paragraph to a Hard Rock Internet Site. A Advertising Prior to Opening Date. Licensor shall be entitled to enter upon the Casino to accomplish such removal, and this right shall survive termination of this Agreement. Except for such limitations, Licensee acknowledges that there are no exclusive rights being granted under this Agreement nor limitations assumed or agreed to by Licensor. B Maintain Confidentiality. Licensor hereby grants to Licensee, upon and subject to the terms and conditions contained in this Agreement, and Licensee hereby accepts, the right and license to develop, operate, own, manage and promote the Casino under and upon the terms of this Agreement, using and in accordance with the Licensed Marks at the Licensed Location. D Compliance. This Agreement must remain in full force and effect during the term of the Hotel License. E No Donations or Contributions. Licensee shall not sell or offer for sale Branded Merchandise or conduct any other business, including, without limitation, online gaming operations on any such Internet Site. This Agreement, the Memorabilia Lease and the Hotel License must be executed contemporaneously and the Hotel License must remain in full force and effect during the Term of this Agreement. A Representations and Warranties of Each Party. Licensee must follow the guidelines approved by Licensor in connection with its cross promotion efforts. I All Fees Exclusive of Taxes. All employees of Licensee are solely employees of Licensee, not of Licensor. Licensee will reasonably cooperate and require that its staff reasonably cooperate with such training. F All Fees Are Nonrefundable. H Internet. D Withholding Taxes. C Currency. Licensor acknowledges and agrees that Licensee and its Affiliate may file a copy of this Agreement with the Securities Exchange Commission in compliance with applicable Laws. Licensee shall not use or register any trademark which is confusingly similar to the Licensed Marks or use the Licensed Marks in any manner which creates a unitary or composite trademark with the trademark of any third party. Furthermore, Licensee shall promptly deliver to Licensor receipts of applicable governmental authorities for all such taxes withheld or paid. Licensee shall:. Licensee covenants, confirms and warrants that the proposed facility will operate in full compliance with all applicable Laws. E Legal Restrictions. B Training of Management Personnel. B Payment of Fees. NOW, THEREFORE , in consideration of the foregoing recitals, the mutual covenants and obligations contained herein, the grant by Licensor to Licensee of the rights to utilize the Licensed Marks as contained herein, and for other good and valuable consideration, the receipt and sufficiency of all of which is hereby acknowledged by each party hereto, Licensor and Licensee hereby agree as follows:. H Maintain Possession of Manuals. Licensee shall be responsible for and shall indemnify and hold Licensor and its Affiliates harmless against any. Each party shall require its employees, or other representatives, with access to any such Confidential Information to execute and deliver to the other party a Confidentiality Agreement in a form acceptable to that party. A Definitions. A Lease of Licensed Location. In addition to the foregoing, nothing in this Agreement shall. Licensor agrees to provide Licensee with written notice of any modification to the Hard Rock System prior to requiring Licensee to comply with such modifications. Licensee acknowledges that Licensor bears no responsibility for any renovations at the Casino and that Licensee in all respects bears the responsibility for the conduct and adequacy of each renovation. Upon request from Licensor, Licensee shall provide or shall procure the provision to Licensor any information respecting the Casino required by Licensor for inclusion in a Hard Rock Internet Site or any other Internet Site designed by Licensor. Licensee shall utilize all reasonable commercial efforts to diligently promote the Casino by advertisements on television and radio and in newspapers, magazines, telephone or trade directories, distributions to customers and potential customers in the most effective manner, point-of-service advertising material, and other forms of publication. In the event that any amount payable by Licensee to Licensor or its Affiliates hereunder are subject to withholding or other taxes that Licensee is required to deduct from such payments, Licensee shall remit the tax to the appropriate governmental agency and shall provide Licensor a copy of each withholding tax remittance notice which it files with such agency. All such taxes or charges shall be payable by Licensee in addition to such Fees. B Financing. E Maintenance of Interior and Exterior of Casino. If such legal restrictions prevent the payment by Licensee of amounts due hereunder in United States Dollars the parties must negotiate in good faith alternative payment terms which will allow the Licensee to make payments under this Agreement in an alternative currency. A Appointment of General Manager. Licensee shall fully and promptly cooperate with Licensor to provide such information and records as Licensor may request in connection with any application by Licensor to any taxing authority for tax credits, exemptions or refunds available for any withholding or other taxes paid or payable by Licensor. B General Interpretation. As an inducement to enter into this Agreement and to carry out the agreements set forth herein, each party hereby represents and warrants, as of the date hereof, to, and agrees with, the other party:. B Scope. The rights granted to Licensee hereunder shall not entitle Licensee to sell Branded Merchandise from the Licensed Location or any other location, and Licensee acknowledges that Branded Merchandise may be sold at the Licensed Location only by Licensor or its Affiliates or by a Person duly licensed by Licensor or its Affiliates to sell Branded Merchandise. In the event of such enforcement described in the foregoing sentence, the Secured Party or its Affiliate shall have the option to assume this Agreement on the condition that the Secured Party pays Licensor all accrued but unpaid Fees. C Confidential Information. Licensee and Licensor desire to enter into this Agreement to have a Hard Rock Casino as hereinafter defined developed and operated at the Licensed Location upon the terms and conditions set forth herein. If Licensee is leasing any portion of the Licensed Location as a tenant, Licensee represents and warrants that it has and shall during the term of this Agreement have, the right to use and possess the Licensed Location for the purposes set forth herein. Licensor will use reasonable efforts to minimize disruption of Casino operations in the provision of training for such Persons. All amounts are payable in United States dollars. While such restrictions are in effect, Licensor may require Licensee to deposit all amounts due but unpaid as a result of such a restriction in any type of account, in any bank or institution in the Territory designated by Licensor and in any currency designated by Licensor that is available to Licensee. Notwithstanding the above, Licensor shall have the right in its sole discretion to approve the inclusion of any references to the Licensed Marks in such materials. This Agreement is conditional upon Licensee entering into the Memorabilia Lease and Hotel Licensee entering into the Hotel License, simultaneously with the execution of this Agreement. Licensee may not otherwise commercialize or utilize, whether or not for profit, any of the Licensed Marks. During the term of this Agreement, Licensor shall be at liberty from time to time to modify the Hard Rock System so as to ensure that the standards and quality of facilities and customer services provided in the Casino operated under the Hard Rock System, in the sole and exclusive judgment of Licensor, meet the contemporary requirements of the target markets for such casinos and provide features which distinguish the Casino operated under the Hard Rock System from those. C Training of Replacement Managing Personnel. E Other Agreements. D Cooperation with Licensor. Such training shall be at the cost of Licensee and shall be carried out by Licensee at such locations as Licensee may determine. Eastern Standard Time as of the business date immediately preceding the date on which payment is transmitted. D Restrictions. In the event that the Project Casino is not operating, other than as a result of the fault of Licensee during any entire day during the Operating Period and there are no business interruption insurance proceeds available to pay the Fees relating to such day, Fees shall be abated for each entire day after the first such day of non-operation. Licensee shall use its best efforts to obtain any consents or authorizations which may be necessary in order to permit timely payments in United States Dollars of all amounts payable hereunder. Licensee will, subject to the provisions of this Section, during each Fiscal Year, use its reasonable endeavors to advertise, market and promote the Casino. Licensee will maintain the Manuals at the Casino at all times.