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10 <br />the avoidance of doubt this Section 24.25 of the Stadium Agreement shall survive <br />the termination of the Stadium Agreement. <br /> <br />e. As long as Team is party to the South Bend Cubs PDL License Agreement in effect, <br />MLB PDL is an intended third party beneficiary of the provisions of this Section <br />24.25 and each other provision of the Stadium Agreement prohibiting action <br />without first obtaining MLB PDL Approval and, in addition to its right to waive or <br />enforce the provisions of this Section 24.25, MLB PDL shall be entitled and have <br />the right to waive or enforce such other provisions prohibiting action without first <br />obtaining PDL Approval directly against any Party hereto, or their successors and <br />permitted assigns to the extent any such other provision is for the explicit benefit <br />of MLB PDL or any other MLB PDL Entity. <br /> <br />f. Neither MLB PDL nor any other MLB PDL Entity shall have any liability <br />whatsoever to any Person for actions taken pursuant to this Section 24.25 other than <br />for fraudulent acts. or willful misconduct with respect to this Section 24.25 by MLB <br />PDL, and RDA, Park Board or City hereby releases MLB PDL and each other MLB <br />PDL Entity from any and all claims arising out of or in connection with any such <br />actions. Nothing contained in this First Amendment shall create any duty on behalf <br />of MLB PDL or any other MLB PDL Entity to any other Person.” <br /> <br />28. Capitalized terms used in this First Amendment will have the meanings set forth in <br />the Stadium Agreement unless otherwise stated herein. <br /> <br />29. Unless expressly modified by this First Amendment, the terms and provisions of <br />the Stadium Agreement remain in full force and effect. This First Amendment, when combined <br />with the Stadium Agreement, shall constitute hereafter the Stadium Agreement now referred to <br />collectively as the “Stadium Agreement”. <br /> <br />[SIGNATURE PAGE FOLLOWS]