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

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7 “OPERATION OF HEATING AND AIR CONDITIONING SYSTEMS. The Park Board will train appropriate staff of the Team to enable the staff to properly regulate the heating and air conditioning systems for Team Events, Team Special Events, and Park Board Events held in the Stadium.” 16. Section 9.04 of the Stadium Agreement is hereby deleted in its entirety and replaced by the following: “The Team shall, at its sole expense, replace the playing field sod in its entirety no later than April 1, 2025. The playing field sod shall be replaced every seven (7) to ten (10) years as necessary to meet the requirements of the PDL Rules and Regulations after the April 1, 2025 playing field sod replacement. It is understood by the Parties, should the Indiana Legislature increase the Professional Convention Sports Development Fund cap to Six Million Dollar ($6,000,000.00) (“Cap”) or more after the First Amendment Effective Date, the City shall be responsible for the next playing field sod replacement in its entirety which should occur between 2032 and 2035 as necessary to meet the requirements of the PDL Rules and Regulations. If the Cap does not reach Six Million Dollars ($6,000,000.00) during this time period, Landlord shall apply whatever monies exist from the Cap allocation and the Team shall be responsible for fifty percent (50%) of the field replacement costs. The Team shall be solely responsible for all costs associated with the third playing field replacement during the Term or subsequent Additional Term. Playing field sod removal and/or replacement necessitated by the conversion of the Stadium playing field for athletic events or resulting from damage to the playing field occurring at Team Events, Team Special Events, or Park Board Events, shall be handled pursuant to [the Stadium Operation and Services, Article V of this First Amendment to the Stadium Agreement]. To the extent the City must follow public bidding statutes in field replacement the specifications for same shall take into consideration the PDL Rules and Regulations and responsible bidders who have experience in MLB PDL compliant field replacement.” 17. Section 10.01 shall be deleted in its entirety. 18. Section 10.02 shall be deleted in its entirety and renumbered as Section 10.01 and replaced with the following: “The Team shall be responsible for the payment of all utilities at the Stadium.” 19. Sections 10.03; 10.04 and 10.05 shall be renumbered as Sections 10.02; 10.03 and 10.04. 20. Section 11.01 of the Stadium Agreement is hereby deleted in its entirety and replaced by the following: “USE OF PARK BOARD HEAVY EQUIPMENT. During the term of this First Amendment to the Stadium Agreement, the Park Board shall make available to the Team certain items of heavy equipment, for its exclusive use and enjoyment, with said items being listed at Exhibit “B”. Said equipment will at all times remain under the control of the Team and the Team shall indemnify and hold harmless the RDA, Park Board, and the City