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

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4 time to time; provided that such standards are consistently applied without discrimination in application to the Club, Team or the Stadium. 2. Section 1.03 of the Stadium Agreement is deleted and replaced by the following: “Board Events” shall mean any event or activity held at the Stadium, including Event Space, except a Team Event or Team Special Event, under the authority of the Park Board. It is understood requests made by the Park Board or the City will be granted unless the Team has a prior commitment which conflicts with the request for a Board Event.” 3. Section 1.05 of the Stadium Agreement is deleted and replaced by the following: “Baseball Season” shall mean the time in which the Club plays its home games generally during the months of April through September, subject to the PDL Rules and Regulations. 4. Section 1.08(f) of the Stadium Agreement is deleted and replaced by the following: “PDL Services – PDL services shall mean any and all services required by the South Bend PDL License Agreement.” 5. Section 1.08(g) of the Stadium Agreement is hereby added and reads as follows: “Ongoing Maintenance of Equipment – the Team shall have the sole responsibility to maintain the non-structural operational infrastructure of the Stadium, including but not limited to, non-structural equipment and all other elements in the Stadium. It is understood between the Parties a specific list of non-structural operational infrastructure is not feasible given the size and scope of the Stadium. However, the Parties agree the Team shall be responsible for day-to-day non-structural operational equipment, including preventative maintenance to equipment, the hiring and scheduling of vendors, payment of all invoices related to such work, and the replacement of equipment, if and when necessary as long as the cost of the equipment does not exceed Twenty-Five Thousand Dollars ($25,000.00) per year, per piece of equipment, and One Hundred Thousand Dollars ($100,000.00) in the aggregate. Under such situation, the City will contribute an amount to cover the excess payments greater than Twenty-Five Thousand Dollars ($25,000.00) per piece of equipment, and One Hundred Thousand Dollars ($100,000.00) in the Aggregate during the first five (5) years of this First Amendment. For years 6-10 of this First Amendment, the Team shall be responsible for the replacement cost of the equipment as long as it does not exceed Twenty-Five Thousand Dollars ($25,000.00) per piece of equipment and One Hundred Twenty Thousand ($120,000.00) in the aggregate. For years 11-20 of this First Amendment, the Team shall be responsible for the replacement cost of the equipment as long as it does not exceed Twenty-Five Thousand Dollars ($25,000.00) per piece of equipment and One Hundred Twenty-Five Thousand ($125,000.00) in the aggregate. The Parties hereto agree to increase the aggregate amount in a manner calculated based on the then applicable Consumer Price Index level during any renewal period of this First Amendment. It is further understood that any and all kitchen equipment is a Team responsibility and shall not be included in the aggregate cap. The Park Board, or its designee, shall approve any replacement of permanent equipment in order to be sure such