The Order Form Term (as defined herein) is set forth in the applicable Order Form. Unless otherwise specifically set forth in the Order Form, Revel’s standard Order Form term is thirty- six months from the date upon which Revel first bills Customer for monthly Software and/or Revel POS Platform subscription services (and if Customer is not ordering any such subscription services, then from the date on which Revel first otherwise bills Customer) (the “Standard” or “Initial Order Form Term”). Thereafter, the Initial Order Form Term will automatically renew for one year every year until such time as a party gives thirty days prior written notice of termination of the applicable Order Form (each an “Order Form Renewal Term” and together with the Initial Order Form Term the “Order Form Term”). Provided, however, that in no event will any Order Form Term for Revel Guard™ XT exceed the time period during which Revel has the legal right to continue offering Revel Guard XT and Customer understands and agrees that Revel has the right to terminate Customer’s access to Revel Guard XT upon the expiration and/or termination of such right.

A party may terminate this Agreement or the applicable Order Form or SOW (a) upon thirty days prior written notice to the other party of a material breach of this Agreement by the other party if such breach remains uncured at the expiration of such notice period; or (b) immediately in the event the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. In the event the Agreement is terminated, all Order Forms and SOWs are simultaneously terminated. A termination of one Order Form of SOW will not constitute

Termination of any other Order Forms or SOWs or this Agreement.

Upon any termination of this Agreement, Customer shall, as of the date of termination, immediately cease accessing and utilizing the Service, Software, Revel POS Platform, the API/XML (except as permitted under Section 11.4 (Retrieval of Customer Data)), and Revel Confidential Information. Customer will return all Revel Confidential Information, including but not limited to, any Documentation, and any Purchased Hardware the Customer has not fully paid for as of the date of termination, at Customer’s expense, within fifteen days of termination. Termination for any reason will not relieve Customer of the obligation to pay any fees accrued or due and payable prior to the effective date of termination. Upon early termination by Customer or termination by Revel for other material breach, Customer shall also pay a minimum of the sum of three months of Customer’s monthly subscription fees currently then in effect and shall forfeit any deposits. The Customer and Revel acknowledge and agree that the sums payable under the foregoing sentence shall constitute liquidated damages and not penalties and are in addition to all other rights of Revel (including, but not limited to, pursuit of any additional unpaid monthly subscription fees for the remainder of the applicable Order Form Term).‌

Those provisions that by their express terms survive or which by their nature should survive, will survive the expiration or any termination of this Agreement. Termination of this Agreement by either party will not act as a waiver of any breach of this Agreement and will not act as a release of either party from any liability for breach of such party’s obligations under this Agreement. Neither party will be liable to the other party for damages of any kind solely as a result of terminating this Agreement in accordance with its terms, and termination of this Agreement by a party will be without prejudice to any other right or remedy of such party under this Agreement or applicable Law.