Congratulations on your newly established line of credit with Midwest Gaming & Entertainment, LLC d/b/a Rivers Casino ("Casino"). Please be advised that the Casino is extending you this credit privilege on the following terms and conditions:
1. PA!2Qsg. Credit is extended for Casino gaming purposes only.
2. Check Representations and Warranties. You represent and warrant that all checks and other drafts drawn by you and presented to the Casino for payment represent orders for payment from accounts containing sufficient funds. You agree that all checks are accepted at your risk. Nothing herein shall require the Casino to accept any checks presented by you. In the event of non-payment of a check or draft presented by you to the Casino for payment, you agree that (a) you will be liable for a returned check fee in the amount of $25, or for all costs and expenses, including reasonable attorney's fees, incurred to collect the amount for which the check or other draft was written, whichever is greater, plus interest, (b) the Casino may offset (deduct) any sums owed to it by you, for any reason, including but not limited to, returned checks or drafts, from any check offered by you to the Casino for cashing, and (c) you may be liable for damages of treble the amount so owing, but in no case less than $100 nor more than $1 , 500, plus attorney's fees and court costs, pursuant to Title Ill, Part C, Article 17, Subdivision 5, Section 17-1 (E) of the Illinois Criminal Code of 2012, 720 ILCS 5/17-1 (E).
3. Record of Markers. The Casino will track your approved markers, the proceeds of which shall be made available to you at the Casino cage. At each time any marker is accepted or rejected by the Casino hereunder or a repayment made in whole or in part thereon, a notation thereof shall be made on the books and records of the Casino. All amounts recorded shall be, absent manifest error, conclusive and binding evidence of (i) the amount of the markers advanced hereunder, and (ii) all amounts repaid on the markers. The failure to record any such amount or any error in recording such amounts shall not, however, limit or otherwise affect your obligations to repay the markers. You hereby irrevocably confirm, ratify and approve all such marker advances by the Casino and do hereby indemnify the Casino against losses and expenses (including court costs and attorneys' fees) and shall hold the Casino harmless with respect thereto.
4. Marker Deposit Delay. The deposit delay (length of time before your markers are deposited by the Casino) will be 28 days, unless terminated upon an Event of Default (as defined below).
5. MulCLRgpa.YILCLLSche.dulg. Your agreed upon marker repayment schedule must be honored.
6. Re a ment Prior to Lea in Casino. If you have any remaining chips, cash or other proceeds of any markers prior to leaving the Casino, you must apply them to your outstanding markers at the Casino cage before exiting the Casino.
7. Duty-L-Update-Applicatj.QL. You will update the information you provided on this credit application as such information changes or as the Casino may otherwise request. Such information to be updated by you shall include without limitation changes to any addresses, telephone numbers, checking accounts, and expiration dates on picture identification.
8. Periodic Review and Re-Rating. The information you provided in your application, including credit history and bank account information, will be reviewed by the Casino periodically. Banks that are the drawees of your markers will be reviewed and re-rated by the Casino a minimum of once per year and more frequently at the sole discretion of the Casino.
9. Events of Default. You, without notice or demand of any kind, shall be in default upon the occurrence of any of the following events (each an "Event of Default"):
a. If you fail to repay your markers as agreed, or if any of your markers are dishonored for any reason upon deposit by the Casino.
b. Any oral or written warranty, representation, certificate or statement made by you to the Casino in connection with this credit application shall be false when made or at any time thereafter, or if any financial data or any other information now or hereafter furnished to the Casino by or on behalf of you shall prove to be false, inaccurate or misleading in any material respect.
c. Any failure to perform or default in the performance of any covenant, condition or agreement contained in this credit application or any other agreement with the Casino.
d. You become insolvent or generally fail to pay, or admit in writing your inability or refusal to pay, your debts as they become due; or you apply for, consent to, or acquiesce in the appointment of a trustee, receiver or other custodian for you or any of your property or, in the absence of such application, consent or acquiescence, a trustee, receiver or other custodian is appointed for you or for a substantial part of your property; or any bankruptcy, reorganization, debt arrangement, or other case or proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding, is commenced in respect of you; or you take any action to authorize, or in furtherance of, any of the foregoing.
10. Remedies. Upon the occurrence of an Event of Default, the Casino shall have all rights, powers and remedies set forth herein or as otherwise provided at law or in equity. Without limiting the generality of the foregoing, the Casino may, at its option upon the occurrence of an Event of Default, terminate all deposit delays provided in Section 4 above, and declare its commitments to you to be terminated and all obligations owed by you to the Casino to be immediately due and payable, provided, however, that upon the occurrence of an Event of Default under SectiQL2Cd), all commitments of the Casino to you shall immediately terminate and all obligations owed by you to the Casino shall be automatically due and payable, all without demand, notice or further action of any kind required on the part of the Casino. You hereby waive any and all presentment, demand, notice of dishonor, protest, and all other notices and demands in connection with the enforcement of Casino's rights under this credit application.
11. LECTIO A D CO ENT ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER, OR IN CONNECTION EXCLUSIVELY IN THE COURTS OF COOK COUNTY, ILLINOIS OR IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS; PROVIDED THAT NOTHING IN THIS AGREEMENT SHALL BE DEEMED OR OPERATE TO PRECLUDE THE CASINO FROM BRINGING SUIT OR TAKING OTHER LEGAL ACTION IN ANY OTHER JURISDICTION. 1 HEREBY EXPRESSLY AND IRREVOCABLY SUBMIT TO THE JURISDICTION OF THE COURTS OF COOK COUNTY, ILLINOIS AND OF THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS FOR THE PURPOSE OF ANY SUCH LITIGATION AS SET FORTH ABOVE. 1 FURTHER IRREVOCABLY CONSENT To THE SERVICE OF PROCESS BY CERTIFIED MAIL, POSTAGE PREPAID, OR BY PERSONAL SERVICE WITHIN OR WITHOUT THE STATE OF ILLINOIS. 1 HEREBY EXPRESSLY AND IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION WHICH 1 MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY SUCH LITIGATION BROUGHT IN ANY SUCH COURT REFERRED TO ABOVE AND ANY CLAIM THAT ANY SUCH LITIGATION HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
12. WAIVER OF JURY TRIAL. AFTER CONSULTING OR HAVING HAD THE OPPORTUNITY TO CONSULT WITH COUNSEL, 1 KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE IRREVOCABLY, ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING To ENFORCE OR DEFEND ANY RIGHTS UNDER THIS CREDIT APPLICATION, ANY MARKER, CHECK OR OTHER DRAFT PRESENTED TO THE CASINO FOR PAYMENT, OR ANY OTHER INSTRUMENT, DOCUMENT OR AGREEMENT DELIVERED OR WHICH MAY IN THE FUTURE BE DELIVERED IN CONNECTION HEREWITH OR THEREWITH, OR ANY COURSE OF CONDUCT OR COURSE OF DEALING IN WHICH THE CASINO AND 1 ARE ADVERSE PARTIES, AND 1 AGREE THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE CASINO GRANTING ANY FINANCIAL ACCOMMODATION TO ME.
Furthermore, by signing below, you acknowledge that you have read and understand the above Credit Terms and Conditions, and agree to abide by them.