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

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6 pursuant to Section 12.03. During the Baseball Season, the Team will have access to all Team Areas in the Stadium and will be provided adequate designated storage space during the Baseball Season and in between Baseball Seasons at the Stadium.” 9. The first sentence of Section 4.02 is deleted in its entirety and replaced by the following: “Subject to the PDL Rules and Regulations, no Team Event or Team Special Event shall be scheduled to start later than 9:00 P.M. without the prior approval of the Park Board.” 10. Section 8.01 of the Stadium Agreement is deleted in its entirety and replaced effective for the 2024 Season by the following: “AMOUNT OF COMPENSATION PAYABLE. In consideration for the use of the Stadium by the Team in addition to the other terms and conditions as provided herein this First Amendment to the Stadium Agreement and in recognition of the Teams financial responsibility for ongoing maintenance costs, there shall be no annual payment to the Park Board, RDA, or City throughout the Initial Term. The Parties understand a negotiation on an annual payment sum shall be negotiated for any and all Additional Terms.” 11. Section 8.02 of the Stadium Agreement is hereby deleted in its entirety effective for the 2024 Season. 12. Section 8.03 of the Stadium is now known as Section 8.02. 13. Section 8.04 of the Stadium Agreement is hereby deleted in its entirety. 14. Section 9.01 of the Stadium Agreement is hereby deleted in its entirety and replaced by the following: “OPERATIONAL, STRUCTURAL AND SYSTEMS MAINTENANCE. Within the interior of the Stadium as depicted on site map attached hereto as Exhibit “A” and incorporated herein by reference, Maintenance of all non-structural operational components and all heating, ventilating, air conditioning, plumbing and electrical systems, but only during their useful life shall be the responsibility of the Team as set forth under Section 1.08(g). The City shall be responsible for the Maintenance of all structural components of the Stadium such as by way of example, the Roof, Facades, Pillars and Bricks and the replacement of all heating, ventilating, air conditioning, plumbing, and electrical systems after the expiration of each systems useful life, and also for the Maintenance of the exterior of the Stadium as depicted on the site map attached hereto as Exhibit B.” 15. Section 9.02 of the Stadium Agreement is hereby deleted in its entirety and replaced by the following: