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6B (1)
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12-13-11 Packet
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6B (1)
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ARTICLE II <br />TERM OF AGREEMENT <br />Section 2.01 The initial term ( "Initial Term ") of this Stadium Agreement shall <br />commence effective with the date hereof ( "Commencement Date ") and continue through <br />December 31, 2016. In addition to the Initial Term, the Team shall have the option to three (3) <br />additional terms of five years each (each an "Additional Term" and together the "Additional <br />Terms "). Team may exercise its right to each Additional Term by notifying the Park Board in <br />writing on or before August 1 of the last year of the then applicable Term of its intent to extend <br />the Term (the Initial Term together with the Additional Term(s) are collectively the "Term "). In <br />the event Team elects an Additional Term or Terms, all remaining terms and conditions of this <br />Agreement will remain in full force and effect. <br />ARTICLE III <br />MODIFICATIONS TO STRUCTURE <br />Section 3.01 STRUCTURAL MODIFICATIONS. Any structural modifications to the <br />Stadium made by the Park Board during the Term of this Agreement shall be subject to the prior <br />approval of the Team, which approval shall not be unreasonably withheld. <br />Section 3.02 STADIUM IMPROVEMENTS. The City and /or the City of South Bend <br />Redevelopment Commission (the "Commission ") shall use commercially reasonable efforts to <br />cause the Stadium Improvements to be made and completed in accordance with Exhibit D <br />utilizing such funds, including without limitation, tax increment finance funds, which may be <br />legally available to them. The design, bidding and award of such improvements shall be in <br />consultation with the Team. Payment by the City or the Commission for such improvements <br />shall be in such amounts and at such times as agreed to by the parties and evidenced by a <br />separate agreement by the parties hereto and the Commission. The Commission evidences its <br />understanding of this paragraph by its endorsement set forth at the end of this Stadium <br />Agreement. <br />The Team and the Park Board will work together in good faith to adjust the content and <br />detail of such Stadium Improvements if needed, provided the cost to the Park Board may not be <br />increased without the express written authorization of the Park Board. <br />In addition to the foregoing, the Team agrees to further invest its own funds in additional <br />capital improvements to the Stadium, without reimbursement from the City of South Bend or the <br />Commission, in amounts and in certain capital improvements as agreed to by the parties hereto <br />and evidenced by a separate agreement by the parties hereto and the Commission. <br />
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