This Amendment shall not be of any force or effect until the Effective Date.  The “ Effective Date ” shall be the later of (i) the date the vacation of that portion of 3rd Avenue required for the Tropicana Development is final and non-appealable, and (ii) approval of this Amendment and the Tropicana Development Project by the Indiana Gaming Commission.  If the Effective Date does not occur by March 31, 2016 (the “ Outside Effective Date ”), this Amendment shall be null and void, provided that, if on March 31, 2016 the Indiana Gaming Commission has approved this Amendment and the Tropicana Development Project and the vacation of 3 rd  Avenue is then pending or within an appeal period, the Outside Effective Date shall be extended to the date that the determination with respect to such vacation is final and non-appealable.