Amendment No. 1 to Use Agreement - Swing Batter Swing LCC

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2 H. The Parties acknowledge various City entities are described in this First Amendment, including the RDA, Park Board, and the Board of Public Works (individually “City Entity” and collectively “City Entities”). The obligations of the City Entities are collectively those of the City to be fulfilled as the City shall determine, and enforceable against the City or the appropriate City Entity as applicable to the defined obligation under this First Amendment. NOW, THEREFORE, in consideration of the mutual promises and obligations in this First Amendment to the Stadium Agreement, the adequacy of which consideration is hereby acknowledged, the Parties agree as follows: 1. Article 1 of the Stadium Agreement is hereby modified by adding Sections 1.14 through 1.29 as stated hereinbelow to address required PDL Rules and Regulations as defined herein. Section 1.14 “Club” means the professional baseball club currently known as the South Bend Cubs Section 1.15 “Commissioner” means the Commissioner of Baseball as elected under the Major League Constitution or, in the absence of a Commissioner, any Person or body succeeding to the powers and duties of the Commissioner pursuant to the Major League Constitution. Section 1.16 “Major League Baseball” or “MLB” means, depending on the context, any or all of (a) the Office of the Commissioner of Baseball, each other MLB PLD Entity and/or all boards and committees thereof and/or (b) the Major League Clubs acting collectively. Section 1.17 “Major League Baseball Club” or “Major League Club” means any professional baseball club entitled to the benefits, and bound by the terms, of the Major League Constitution. Section 1.18 “Major League Constitution” means the Major League Constitution adopted by the Major League Clubs as the same may be amended, supplemented or otherwise modified from time to time in the manner provided therein, and all replacement or successor agreements that may in the future be entered into by the Major League Clubs. Section 1.19 “South Bend Cubs PDL License Agreement” means that certain player development license agreement entered into between Team and MLB PDL pursuant to which the Club has been granted the right to participate in the Professional Development League System. Section 1.20 “MLB PDL” means, depending on the context, any or all of (i) MLB Professional Development Leagues, LLC, a Delaware limited liability company, and/or (ii) the boards, committees and subcommittees related thereto. Section 1.21 “MLB PDL Entity” means each of MLB PDL, the Office of the Commissioner of Baseball, MLB Advanced Media, L.P. and/or any of their respective present or future affiliates, assigns or successors.