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STADIUM USE, MANAGEMENT AND OPERATIONS AGREEMENT This Stadium Use, Management and Operations Agreement ( "Stadium Agreement ") is made and entered into effective the day of , 2011, by and between South Bend Professional Baseball Club, LLC, an Indiana limited liability company, hereinafter referred to as the "Team" and the Board of Park Commissioners of the Park District of the City of South Bend, hereinafter referred to as the "Park Board ", the governing body of the Park Department of the City of South Bend, hereinafter referred to as the "Park Department ". WHEREAS, the Team owns a Class "A" franchise in the Midwest League of Professional Baseball Clubs, Inc. (Midwest League) and has entered into a Player Development Contract with the Arizona Diamondbacks; WHEREAS, the Team and the Park Board desire that the Team play its home baseball games at the Stadium pursuant to this Stadium Agreement relating to the use of the Stadium, the services to be provided to the Park Board by the Team, the operation of the Stadium and additional rights and responsibilities of the parties hereto; and WHEREAS, the Park Board and the Team have committed to make certain capital improvements to the Stadium. NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the receipt of which is mutually acknowledged, the Team and the Park Board agree as follows: ARTICLE I DEFINITIONS For purposes of this Stadium Agreement, the terms defined in this section shall have the meanings as specified herein whether stated in the plural or singular. Section 1.01 "FOOD AND BEVERAGE SERVICES" shall mean all food and beverage services required or appropriate for any and all events at the Stadium, including without limitation, dining, catering, vending and Food and Beverage Services, through fixed and portable Food and Beverage Service stands, vending machines, roving vendors, snack bars, Food and Beverage Service Areas and any other areas in the Stadium for which it is reasonable and appropriate to serve food and beverages. Section 1.02 "COMMON AREAS" shall mean all portions of the facility except the Team Areas as defined in Section 1.06. Section 1.03 'PARK BOARD EVENTS" shall mean any event or activity held at the Stadium, except a Team Event or Team Special Event, under the authority of the Park Board. Section 1.04 "TEAM AREAS" shall mean the Team administrative office area, locker room area, training area, press box area, field maintenance building, dugouts, Food and Beverage